Penal Code — Part 19 | PEN — United States — California law | Esheria

Penal Code

Part 19 of 29 · provisions 3,601–3,800

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

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

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  1. 34005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction [34000 - 34010] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section lets certain agencies and officers keep, transfer, donate, or reuse firearms that would otherwise be destroyed, if stated approvals and 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 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction [34000 - 34010] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34005. (a) (1) An officer having custody of any firearm that may be useful to the California National Guard, the Coast Guard Auxiliary, or to any military or naval agency of the federal or state government, including, but not limited to, the California State Military Museum and Resource Center, located in Sacramento, and at branch museums located at the California National Guard facilities at Camp Roberts, Camp San Luis Obispo, and Los Alamitos Armed Forces Reserve Center, may, upon the authority of the legislative body of the city, city and county, or county by which the officer is employed and the approval of the Adjutant General, deliver the firearm to the commanding officer of a unit of the California National Guard, the Coast Guard Auxiliary, or any other military agency of the state or federal government, in lieu of destruction as required by any of the provisions listed in Section 16580. (2) Any state agency, county, municipality, or special purpose district may offer any excess military weapons or equipment, such as historical war equipment like artillery, tanks, or armored vehicles, to the California State Military Museum and Resource Center or any branch museum described in paragraph (1). (3) The officer delivering a firearm pursuant to this subdivision shall take a receipt for it, which contains a complete description of the firearm, and shall keep the receipt on file in his or her office as a public record. (b) Any law enforcement agency that has custody of any firearms, or any parts of any firearms, which are subject to destruction as required by any of the provisions listed in Section 16580, may, in lieu of destroying the weapons, retain and use any of them as may be useful in carrying out the official duties of the agency. Alternatively, upon approval of a court, the agency may do either of the following: (1) Release the weapons to any other law enforcement agency for use in carrying out the official duties of that agency. (2) Turn over to the criminalistics laboratory of the Department of Justice or the criminalistics laboratory of a police department, sheriff’s office, or district attorney’s office, any weapons that may be useful in carrying out the official duties of the respective agencies. (c) (1) Any firearm, or part of any firearm, which, rather than being destroyed, is used for official purposes pursuant to this section, shall be destroyed by the agency using the weapon when it is no longer needed by the agency for use in carrying out its official duties. (2) Firearms or weaponry donated to the California State Military Museum and Resource Center may be disposed of pursuant to Section 179 of the Military and Veterans Code. (d) (1) Any law enforcement agency that has custody of any firearms, or any parts of any firearms, which are subject to destruction as required by any of the provisions listed in Section 16580, may, in lieu of destroying the firearms, obtain an order from the superior court directing the release of the firearms to the sheriff. (2) The sheriff shall enter those weapons into the Automated Firearms System (AFS), via the California Law Enforcement Telecommunications System, with a complete description of each weapon, including the make, type, category, caliber, and serial number of the firearms, and the name of the academy receiving the weapon entered into the AFS miscellaneous field. (3) The sheriff shall then release the firearms to the basic training academy certified by the Commission on Peace Officer Standards and Training, so that the firearms may be used for instructional purposes in the certified courses. All firearms released to an academy shall be under the care, custody, and control of the particular academy. (4) Any firearm, or part of any firearm, which is not destroyed, and is used for the purposes authorized by this section, shall be returned to the law enforcement agency that had original custody of the firearm when it is no longer needed by the basic training academy, or when the basic training academy is no longer certified by the commission. (5) When those firearms are returned, the law enforcement agency to which the firearms are returned, shall on the date of the return, enter into the Automated Firearms System (AFS), via the California Law Enforcement Telecommunications System, a complete description of each weapon, including the make, type, category, caliber, and serial number of the firearms, and the name of the entity returning the firearm. (Amended by Stats. 2013, Ch. 698, Sec. 1. (SB 759) Effective January 1, 2014.)
  2. 34010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction [34000 - 34010] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A law enforcement agency that keeps or destroys a firearm must notify the Department of Justice, and sometimes the superior court and related parties, and the notice must include a complete firearm description.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT AGENCY OR SIMILAR SITUATION [33800 - 34010] ( Division 11 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearms that are Unclaimed, Abandoned, or Subject to Destruction [34000 - 34010] ( Chapter 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34010. Any law enforcement agency that retains custody of any firearm pursuant to Section 34005, or that destroys a firearm pursuant to Sections 18000 and 18005, shall notify the Department of Justice, and, if applicable, the superior court and any parties to any civil or criminal action related to the firearm, of the retention or destruction. This notification shall consist of a complete description of each firearm, including the name of the manufacturer or brand name, model, caliber, and serial number. (Amended by Stats. 2022, Ch. 58, Sec. 37. (AB 200) Effective June 30, 2022.)
  3. 3402.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    The institution must keep a record of each confined woman’s history and progress, and certain officials must provide requested inmate-related data. The institution must also be promptly notified if an arrested woman is found to have previously been an inmate.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3402. There shall be kept at said institution a record of the history and progress of every woman confined therein during the period of her confinement, and so far as practically possible, prior and subsequent thereto, and all judges, courts, officials and employees, district attorneys, sheriffs, chiefs of police and peace officers, shall furnish said institution with all data in their possession or knowledge relative to any inmate that said institution may request. If upon the arrest of any woman it be discovered that she was theretofore an inmate of said institution, the institution shall be promptly notified of her arrest. (Added by Stats. 1941, Ch. 106.)
  4. 3403.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    Women committed to the institution must be examined mentally and physically and given care, treatment, and training suited to their 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 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3403. Every woman upon being committed to said institution shall be examined mentally and physically, and shall be given the care, treatment and training adapted to her particular condition. Such care, treatment and training shall be along the lines best suited to develop her mentality, character and industrial capacity; provided, however, no inmate shall be confined longer than the term of her commitment. (Added by Stats. 1941, Ch. 106.)
  5. 3404.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    If there are reasonable grounds to think a prisoner may be forcibly removed from the California Institution for Women, the warden must report it to the Governor, who may order the prisoner moved to a state prison and later returned.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3404. When there is any reasonable grounds to believe that a prisoner may be forcibly removed from the California Institution for Women, the warden shall report the fact to the Governor, who may order the removal of the prisoner to any California State prison for safekeeping, and it is hereby made the duty of the warden of the prison to accept and detain the prisoner for the further execution of her sentence. The Governor may thereafter order the prisoner returned to the California Institution for Women for the further execution of her sentence according to law. The necessary costs and expenses incurred in carrying out the provisions of this section shall be a proper charge against any fund hereafter appropriated as an emergency fund, or similar appropriation for contingencies, notwithstanding any limitations or restrictions that may be imposed upon the expenditure of any appropriation. (Amended by Stats. 1989, Ch. 1420, Sec. 16.)
  6. 3405.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    Incarcerated pregnant persons seeking abortions are entitled to determine eligibility under state and federal law and, if eligible and after informed consent, obtain the abortion. The section also says the rights must be posted where incarcerated persons who can become pregnant can see them.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3405. (a) A condition or restriction shall not be imposed upon the obtaining of an abortion by an incarcerated person, pursuant to Sections 1 and 1.1 of Article I of the California Constitution and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), other than those contained in those provisions. Impermissible restrictions include, but are not limited to, imposing gestational limits inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-ordered transport. Incarcerated persons found to be pregnant and desiring abortions, shall be permitted to determine their eligibility for an abortion pursuant to state and federal law, and if determined to be eligible, shall be permitted to obtain an abortion after giving informed consent. (b) The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. (Amended by Stats. 2025, Ch. 136, Sec. 22. (AB 260) Effective September 26, 2025.)
  7. 3406.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    Incarcerated people have rights to use chosen medical providers to check for pregnancy, and if pregnant, to get needed medical and surgical services from chosen providers.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3406. (a) Any incarcerated person shall have the right to summon and receive the services of any physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice in order to determine whether they are pregnant. The warden may adopt reasonable rules and regulations with regard to the conduct of examinations to effectuate this determination. (b) If the incarcerated person is found to be pregnant, they are entitled to a determination of the extent of the medical and surgical services needed and to the receipt of these services from the physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice. Any expenses occasioned by the services of a physician, nurse practitioner, certified nurse midwife, or physician assistant whose services are not provided by the institution shall be borne by the incarcerated person. (c) (1) A physician providing services pursuant to this section shall possess a current, valid, and unrevoked certificate to engage in the practice of medicine issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (2) A nurse practitioner providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (3) A certified nurse midwife providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (4) A physician assistant providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. (d) The rights provided for incarcerated persons by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. (Amended by Stats. 2020, Ch. 321, Sec. 2. (AB 732) Effective January 1, 2021.)
  8. 3407.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    Pregnant inmates, and inmates recovering after delivery, generally may not be restrained with certain devices; restraints must be removed when a responsible medical professional says removal is medically necessary.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body. (b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (d) This section shall not be interpreted to require restraints in a case where restraints are not required pursuant to a statute, regulation, or correctional facility policy. (e) Upon confirmation of an inmate’s pregnancy, she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies. (f) For purposes of this section, “inmate” means an adult or juvenile who is incarcerated in a state or local correctional facility. (Added by Stats. 2012, Ch. 726, Sec. 1. (AB 2530) Effective January 1, 2013.)
  9. 3408.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    Prisons must provide and protect pregnancy-related care for incarcerated pregnant people, including testing, counseling, prenatal care, hospital transport, and postpartum recovery, and staff may not interfere or disclose certain abortion-related medical information.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3408. (a) A person incarcerated in the state prison who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration shall be offered a test upon intake or by request. Pregnancy tests shall be voluntary and not mandatory, and may only be administered by medical or nursing personnel. An incarcerated person who declines a pregnancy test shall be asked to sign an “Informed Refusal of Pregnancy Test” form that shall become part of their medical file. (b) An incarcerated person with a positive pregnancy test result shall be offered comprehensive and unbiased options counseling that includes information about prenatal health care, adoption, and abortion. This counseling shall be furnished by a licensed health care provider or counselor who has been provided with training in reproductive health care and shall be nondirective, unbiased, and noncoercive. Prison staff shall not urge, force, or otherwise influence a pregnant person’s decision. (c) A prison shall not confer authority or discretion to nonmedical prison staff to decide if a pregnant person is eligible for an abortion. If a pregnant person decides to have an abortion, that person shall be offered, but not forced to accept, all due medical care and accommodations until they are no longer pregnant. A pregnant person who decides to have an abortion shall be referred to a licensed professional specified in subdivision (b) of Section 2253 of the Business and Professions Code. (d) A person incarcerated in prison who is confirmed to be pregnant shall, within seven days of arriving at the prison, be scheduled for a pregnancy examination with a physician, nurse practitioner, certified nurse-midwife, or physician assistant. The examination shall include all of the following: (1) A determination of the gestational age of the pregnancy and the estimated due date. (2) A plan of care, including referrals for specialty and other services to evaluate for the presence of chronic medical conditions or infectious diseases, and to use health and social status of the incarcerated person to improve quality of care, isolation practices, level of activities, and bed assignments, and to inform appropriate specialists in relationship to gestational age and social and clinical needs, and to guide use of personal protective equipment and additional counseling for prevention and control of infectious diseases, if needed. (3) The ordering of prenatal labs and diagnostic studies, as needed based on gestational age or existing or newly diagnosed health conditions. (e) Incarcerated pregnant persons shall be scheduled for prenatal care visits as follows, unless otherwise indicated by the physician, nurse practitioner, certified nurse-midwife, or physician assistant: (1) Every four weeks in the first trimester up to 24 to 28 weeks. (2) Every two weeks thereafter up to 36 weeks gestation. (3) Every one week thereafter until birth. (f) Incarcerated pregnant persons shall be provided access to all of the following: (1) Prenatal vitamins, to be taken on a daily basis, in accordance with medical standards of care. (2) Newborn care that includes access to appropriate assessment, diagnosis, care, and treatment for infectious diseases that may be transmitted from a birthing person to the birthing person’s infant, such as HIV or syphilis. (3) A minimum of 120 ounces of free, clean bottled water each day. (4) Daily high-quality and high caloric nutritional meals that meet guidelines established by the Department of Public Health for the California Special Supplemental Nutrition Program for Women, Infants, and Children established pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code. (g) Incarcerated pregnant persons housed in a multitier housing unit shall be assigned lower bunk and lower tier housing. (h) (1) Incarcerated pregnant persons shall not be tased, pepper sprayed, or exposed to other chemical weapons. (2) Incarcerated pregnant persons shall not be placed in solitary confinement or restricted housing units during their pregnancy, if known by the department to be pregnant, or for 12 weeks postpartum. This prohibition shall not apply when there is a credible and imminent threat to the safety or security of the incarcerated pregnant persons, though placement shall be regularly assessed and shall not be for more than five days. Individuals shall not be unenrolled from work assignments and rehabilitative programs when temporarily placed in restricted housing units. (i) Incarcerated pregnant persons who have used opioids prior to incarceration, either by admission or written documentation by a probation officer, or who are currently receiving methadone treatment, shall be offered medication-assisted treatment with methadone or buprenorphine, pursuant to Section 11222 of the Health and Safety Code, and shall be provided information on the risks of withdrawal. (j) (1) An eligible incarcerated pregnant person or person who gives birth after incarceration in the prison shall be provided notice of, access to, and written application for, community-based programs serving pregnant, birthing, or lactating incarcerated persons. At a minimum, the notice shall contain guidelines for qualification, the timeframe for application, and the process for appealing a denial of admittance to those programs. (2) If a community-based program is denied access to the prison, the reason for the denial shall be provided in writing to the incarcerated person within five working days of receipt of the request. The written denial shall address the safety or security concerns for the incarcerated person, infant, public, or staff. (k) Each incarcerated pregnant person shall be referred to a social worker who shall do all of the following: (1) Discuss with the incarcerated person the options available for feeding, placement, and care of the child after birth, including the benefits of lactation. (2) Assist the incarcerated pregnant person with access to a phone in order to contact relatives regarding newborn placement. (3) Oversee the placement of the newborn child. (l) An incarcerated pregnant person shall be temporarily taken to a hospital outside the prison for the purpose of giving childbirth and shall be transported in the least restrictive way possible and in accordance with Section 3407. An incarcerated pregnant person shall not be shackled to anyone else during transport. An incarcerated pregnant person in labor or presumed to be in labor shall be treated as an emergency and shall be transported to the outside facility, accompanied by prison staff. (m) An incarcerated pregnant person may elect to have a support person present during labor, childbirth, and during postpartum recovery while hospitalized. The support person may be an approved visitor or the prison’s staff designated to assist with prenatal care, labor, childbirth, lactation, and postpartum care. The approval for the support person shall be made by the administrator of the prison or that person’s designee. If an incarcerated pregnant person’s request for an elected support person is denied, reason for the denial shall be provided in writing to the incarcerated person within five working days of receipt of the request. The written denial shall address the safety or security concerns for the incarcerated person, infant, public, or staff. Upon receipt of a written denial, the incarcerated pregnant person may choose the approved institution staff to act as the support person. (n) All pregnant and postpartum incarcerated persons, including those who have a miscarriage, stillbirth, or abortion, including a termination of the pregnancy for medical reasons, shall receive appropriate, timely, culturally responsive, and medically accurate and comprehensive care, evaluation, and treatment of existing or newly diagnosed chronic conditions, including mental health disorders and infectious diseases. (o) An incarcerated pregnant person in labor and delivery shall be given the maximum level of privacy possible during the labor and delivery process. If a guard is present, they shall be stationed outside the room rather than in the room, absent extraordinary circumstances. If a guard must be present in the room, the guard shall stand in a place that grants as much privacy as possible during labor and delivery. A guard shall be removed from the room if a professional who is currently responsible for the medical care of a pregnant incarcerated person during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of the guard is medically necessary. (p) Upon return to prison, the physician, nurse practitioner, certified nurse-midwife, or physician assistant shall provide a postpartum examination within one week from childbirth and as needed for up to 12 weeks postpartum, and shall determine whether the incarcerated person may be cleared for full duty or if medical restrictions are warranted. Postpartum individuals shall be given at least 12 weeks of recovery after any childbirth before they are required to resume normal activity. (q) The rights provided for incarcerated persons by this section shall be posted in at least one conspicuous place to which all incarcerated persons have access. (r) Prison staff shall not disclose identifying medical information related to an incarcerated person’s right to seek and obtain an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure. (Amended by Stats. 2024, Ch. 722, Sec. 1. (AB 2527) Effective January 1, 2025.)
  10. 3408.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    A social worker must meet with an incarcerated pregnant person after referral to discuss parenting classes, newborn care classes, visitation, and future placement options for the child.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3408.4. Within seven days of arriving at the prison, each incarcerated pregnant person shall be referred to a social worker who shall discuss with the incarcerated person options for parenting classes and other classes relevant to caring for newborns and options for visiting with the newborn. Upon referral, a social worker shall discuss with the incarcerated pregnant person the options to establish future placement for the child and to secure that placement for the child. (Added by Stats. 2024, Ch. 738, Sec. 1. (AB 2740) Effective January 1, 2025.)
  11. 3408.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    This section requires a care plan for an incarcerated pregnant person to include extra meals and beverages, keeps the mother and newborn at the medical facility as long as the provider says is necessary after delivery, and allows breastfeeding and milk pumping.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3408.5. (a) A plan of care for an incarcerated pregnant person developed pursuant to Section 3408 shall include a meal plan with additional meals and beverages, in accordance with medical standards of care. (b) Following delivery at a medical facility as required by Section 3408, the incarcerated mother and the newborn child shall remain at the facility for as long as the medical provider determines is necessary after delivery for recovery and postpartum medical care. The incarcerated mother and child shall be provided with bonding time after delivery until discharge from the medical facility. (c) The incarcerated mother shall be permitted to breastfeed the newborn while at the medical facility, and, while at the correctional facility, pump breast milk to be stored and provided to the child. (Added by Stats. 2024, Ch. 738, Sec. 2. (AB 2740) Effective January 1, 2025.)
  12. 3409.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    State prison facilities must provide certain incarcerated people with free menstrual hygiene materials and access to contraceptive services, counseling, education, and family planning information.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Prisoners [3400 - 3409] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 3409. (a) A person incarcerated in state prison who menstruates or experiences uterine or vaginal bleeding shall, without needing to request, have ready access to, and be allowed to use, materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the person. A person incarcerated in state prison who is capable of becoming pregnant shall, upon request, have access to, and be allowed to obtain, contraceptive counseling and their choice of birth control methods, subject to the provisions of subdivision (b), unless medically contraindicated. (b) (1) Except as provided in paragraph (2), all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) shall be made available to incarcerated persons who are capable of becoming pregnant, with the exception of sterilizing procedures prohibited by Section 3440. (2) The California Correctional Health Care Services shall establish a formulary that consists of all FDA-approved birth control methods and that shall be available to persons specified in subdivision (a). If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the facility. A person shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider. (c) (1) Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant, shall be furnished by a licensed health care provider who has been provided with training in reproductive health care, including contraceptive care and counseling, and shall be nondirective, unbiased, and noncoercive. These services shall be furnished by the facility or by any other agency that contracts with the facility. Except as provided in paragraph (2), health care providers furnishing contraceptive services shall receive training in the following areas: (A) The requirements of this section. (B) Providing nondirective, unbiased, and noncoercive contraceptive counseling and services. (2) Providers who attend an orientation program for the Family Planning, Access, Care, and Treatment Program are deemed to have met the training requirements described in paragraph (1). (d) Any incarcerated person who is capable of becoming pregnant shall be furnished by the facility with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. Each facility shall post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access. (e) Contraceptive counseling and family planning services shall be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date. (f) This section does not limit an incarcerated person’s access to any method of contraception that is prescribed or recommended for any medically indicated reason. (Amended by Stats. 2024, Ch. 939, Sec. 1. (AB 1810) Effective January 1, 2025.)
  13. 3410.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    For this chapter, “community” means an environment away from the prison setting in an urban or suburban area.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3410. The term “community” shall, for the purposes of this chapter, mean an environment away from the prison setting which is in an urban or suburban area. (Added by Stats. 1978, Ch. 1054.)
  14. 3411.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The Department of Corrections must establish and run a community treatment program for certain women inmates with young children.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3411. The Department of Corrections shall on or before January 1, 1980, establish and implement a community treatment program under which women inmates sentenced to state prison pursuant to Section 1168 or 1170 who have one or more children under the age of six years, whether born prior to or after January 1, 1976, shall be eligible to participate within the provisions of this section. The community treatment program shall provide for the release of the mother and child or children to a public or private facility in the community suitable to the needs of the mother and child or children, and which will provide the best possible care for the mother and child. In establishing and operating such program, the department shall have as a prime concern the establishment of a safe and wholesome environment for the participating children. (Amended by Stats. 1988, Ch. 1044, Sec. 1. Effective September 20, 1988.)
  15. 3412.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The Department of Corrections must provide pediatric care and support community treatment programs that help mothers and children access local early childhood services.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3412. (a) The Department of Corrections shall provide pediatric care consistent with medical standards and, to the extent feasible, shall be guided by the need to provide the following: (1) A stable, caregiving, stimulating environment for the children as developed and supervised by professional guidance in the area of child development. (2) Programs geared to assure the stability of the parent-child relationship during and after participation in the program, to be developed and supervised by appropriate professional guidance. These programs shall, at a minimum, be geared to accomplish the following: (A) The mother’s mental stability. (B) The mother’s familiarity with good parenting and housekeeping skills. (C) The mother’s ability to function in the community, upon parole or release, as a viable member. (D) The securing of adequate housing arrangements after participation in the program. (E) The securing of adequate child care arrangements after participation in the program. (3) Utilization of the least restrictive alternative to incarceration and restraint possible to achieve the objectives of correction and of this chapter consistent with public safety and justice. (b) (1) The Department of Corrections shall ensure that the children and mothers residing in a community treatment program have access to, and are permitted by the community treatment program to participate in, available local Head Start, Healthy Start, and programs for early childhood development pursuant to the California Children and Families Program (Division 108 (commencing with Section 130100) of the Health and Safety Code). (2) The community treatment program shall provide each mother with written information about the available local programs, including the telephone numbers for enrolling a child in a program. (3) The community treatment program shall also provide transportation to program services and otherwise assist and facilitate enrollment and participation for eligible children. (4) Nothing in this subdivision shall be construed as granting or requiring preferential access or enrollment for children of incarcerated mothers to any of the programs specified in this subdivision. (Amended by Stats. 2004, Ch. 297, Sec. 1. Effective January 1, 2005.)
  16. 3413.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The Department of Corrections and Rehabilitation may contract with public or private agencies for community treatment programs, and the Secretary must advertise contracts and prefer certain programs when awarding them.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3413. (a) In determining how to implement this chapter, the Department of Corrections and Rehabilitation shall be guided by the need to utilize the most cost-efficient methods possible. Therefore, the Secretary of the Department of Corrections and Rehabilitation may enter into contracts with appropriate public or private agencies to provide housing, sustenance, services as provided in subdivisions (a) and (b) of Section 3412, and supervision for incarcerated persons who are eligible for placement in community treatment programs. Incarcerated persons in the care of such agencies shall be subject to all provisions of law applicable to them. (b) For the purposes of entering into or renewing agreements pursuant to this section, the department may enter into long-term contracts, not to exceed 10 years, for transfer of incarcerated persons to, or placement of incarcerated persons in, facilities under contract pursuant to this section. (c) In awarding contracts pursuant to this section, the secretary shall advertise the potential contract and may entertain proposals for the establishment and operation of community treatment programs from public and private entities and shall give preference to the following community treatment programs: (1) Programs with approved state or local land use. (2) Programs that provide a rehabilitative, supportive setting and programming that is trauma informed, gender responsive, culturally responsive, and community oriented to improve the outcomes of the participants and reduce recidivism. (3) Programs operated by a nonprofit organization that has demonstrated experience successfully operating a community correctional reentry center or community treatment program. (4) Programs that have demonstrated expertise in supporting and strengthening family connection, particularly in parent-child relationships. (d) Notwithstanding any other law, except as provided in subdivision (c), for the purposes of entering into or renewing agreements pursuant to this section, any process, regulation, or requirement, including any state government reviews or approvals, or third-party approval that is required under, or implemented pursuant to, any statute that relates to entering into or renewing those agreements, is hereby waived. (Amended by Stats. 2025, Ch. 111, Sec. 12. (SB 157) Effective September 17, 2025.)
  17. 3414.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The department must establish reasonable rules and regulations for operating the 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 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3414. The department shall establish reasonable rules and regulations concerning the operation of the program. (Added by Stats. 1978, Ch. 1054.)
  18. 3415.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The probation department must notify certain women of this chapter when they are sentenced to state prison, and the woman may then ask to be admitted to the 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 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3415. (a) The probation department shall, no later than the day that any woman is sentenced to the state prison, notify such woman of the provisions of this chapter, if the term of the state imprisonment does not exceed six years on the basis of either the probable release or parole date computed as if the maximum amount of good time credit would be granted. The probation department shall determine such term of state imprisonment at such time for the purposes of this section. (b) The woman may, upon the receipt of such notice and upon sentencing to a term in state prison, give notice of her desire to be admitted to a program under this chapter. The probation department or the defendant shall transmit such notice to the Department of Corrections, and to the appropriate local social services agency that conducts investigations for child neglect and dependency hearings. (Amended by Stats. 1982, Ch. 42, Sec. 5. Effective February 17, 1982.)
  19. 3416.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    A woman in Department of Corrections custody with a child under six, or who gives birth while incarcerated, may have the child and mother admitted and kept in a community treatment program if she requests it.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3416. (a) If any woman received by or committed to the Department of Corrections has a child under six years of age, or gives birth to a child while an inmate under the jurisdiction of the Department of Corrections, the child and his or her mother shall, upon her request, be admitted to and retained in a community treatment program established by the Department of Corrections, subject to the provisions of this chapter. (b) Women transferred to community treatment programs remain under the legal custody of the department and shall be subject at any time, pursuant to the rules and regulations of the Director of Corrections, to be detained in the county jail upon the exercise of a state parole or correctional officer’s peace officer powers as specified in Section 830.5, with the consent of the sheriff or corresponding official having jurisdiction over the facility. (Amended by Stats. 1984, Ch. 961, Sec. 2. Effective September 10, 1984.)
  20. 3417.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The department must admit eligible applicants to the community treatment program and must decide eligibility within 30 days, but it can and sometimes must deny placement for specified risk factors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3417. (a) Subject to reasonable rules and regulations adopted pursuant to Section 3414, the Department of Corrections and Rehabilitation shall admit to the program any applicant whose child was born prior to the receipt of the inmate by the department, whose child was born after the receipt of the inmate by the department, or who is pregnant, if all of the following requirements are met: (1) The applicant has a probable release or parole date with a maximum time to be served of six years, calculated after deduction of any possible good time credit. (2) The applicant was the primary caretaker of the infant prior to incarceration. “Primary caretaker” as used in this chapter means a parent who has consistently assumed responsibility for the housing, health, and safety of the child prior to incarceration. A parent who, in the best interests of the child, has arranged for temporary care for the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category, “primary caretaker.” (3) The applicant had not been found to be an unfit parent in any court proceeding. An inmate applicant whose child has been declared a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code shall be admitted to the program only after the court has found that participation in the program is in the child’s best interest and that it meets the needs of the parent and child pursuant to paragraph (3) of subdivision (e) of Section 361.5 of the Welfare and Institutions Code. The fact that an inmate applicant’s child has been found to come within Section 300 of the Welfare and Institutions Code shall not, in and of itself, be grounds for denying the applicant the opportunity to participate in the program. (b) The Department of Corrections and Rehabilitation shall deny placement in the community treatment program if it determines that an inmate would pose an unreasonable risk to the public, or if any one of the following factors exist, except in unusual circumstances or if mitigating circumstances exist, including, but not limited to, the remoteness in time of the commission of the offense: (1) The inmate has been convicted of any of the following: (A) A sex offense listed in Section 667.6. (B) A sex offense requiring registration pursuant to Section 290. (C) A violent offense listed in subdivision (c) of Section 667.5, except that the Secretary of the Department of Corrections and Rehabilitation shall consider an inmate for placement in the community treatment program on a case-by-case basis if the violent offense listed in subdivision (c) of Section 667.5 was for robbery pursuant to paragraph (9) of subdivision (c) of Section 667.5 or burglary pursuant to paragraph (21) of subdivision (c) of Section 667.5. (D) Arson as defined in Sections 450 to 455, inclusive. (2) There is probability the inmate may abscond from the program as evidenced by any of the following: (A) A conviction of escape, of aiding another person to escape, or of an attempt to escape from a jail or prison. (B) The presence of an active detainer from a law enforcement agency, unless the detainer is based solely upon warrants issued for failure to appear on misdemeanor Vehicle Code violations. (3) It is probable the inmate’s conduct in a community facility will be adverse to herself or other participants in the program, as determined by the Secretary of the Department of Corrections and Rehabilitation or as evidenced by any of the following: (A) The inmate’s removal from a community program which resulted from violation of state laws, rules, or regulations governing Department of Corrections and Rehabilitation’s inmates. (B) A finding of the inmate’s guilt of a serious rule violation, as defined by the Secretary of the Department of Corrections and Rehabilitation, which resulted in a credit loss on one occasion of 91 or more days or in a credit loss on more than one occasion of 31 days or more and the credit has not been restored. (C) A current written opinion of a staff physician or psychiatrist that the inmate’s medical or psychiatric condition is likely to cause an adverse effect upon the inmate or upon other persons if the inmate is placed in the program. (c) The Secretary of the Department of Corrections and Rehabilitation shall consider the placement of the following inmates in the community treatment program on a case-by-case basis: (1) An inmate convicted of the unlawful sale or possession for sale, manufacture, or transportation of controlled substances, as defined in Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code, if large scale for profit as defined by the department, provided that an inmate convicted pursuant to Section 11358 or 11359 of the Health and Safety Code shall be admitted to the program pursuant to subdivision (a). (2) An inmate with a United States Immigration and Customs Enforcement hold. (d) A charged offense that did not result in a conviction shall not be used to exclude an applicant from the program. (e) Nothing in this section shall be interpreted to limit the discretion of the Secretary of the Department of Corrections and Rehabilitation to deny or approve placement when subdivision (b) does not apply. (f) The Department of Corrections and Rehabilitation shall determine if the applicant meets the requirements of this section within 30 days of the parent’s application to the program. The department shall establish an appeal procedure for the applicant to appeal an adverse decision by the department. (Amended by Stats. 2012, Ch. 41, Sec. 71. (SB 1021) Effective June 27, 2012.)
  21. 3418.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The department must notify certain inmates about the chapter and give them a written application for the program as soon as possible, and no later than the child’s birth or the inmate’s receipt into Department of Corrections custody.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3418. (a) In the case of any inmate who gave birth to a child after the date of sentencing, and in the case of any inmate who gave birth to a child prior to that date and meets the requirements of Section 3417 but has not yet made application for admission to a program, the department shall, at the earliest possible date, but in no case later than the birth of the child, or the receipt of the inmate to the custody of the Department of Corrections, as the case may be, notify the inmate of the provisions of this chapter and provide her with a written application for the program described in this chapter. (b) The notice provided by the department shall contain, but need not be limited to, guidelines for qualification for, and the timeframe for application to, the program and the process for appealing a denial of admittance. (Amended by Stats. 2004, Ch. 297, Sec. 3. Effective January 1, 2005.)
  22. 3419.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The department must give eligible inmates notice and a written application for the program, and must declare them eligible if requested and if Section 3417 requirements 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 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3419. (a) In the case of any inmate who gives birth after her receipt by the Department of Corrections and Rehabilitation, the department shall, subject to reasonable rules and regulations promulgated pursuant to Section 3414, provide notice of, and a written application for, the program described in this chapter, and upon her request, declare the inmate eligible to participate in a program pursuant to this chapter if all of the requirements of Section 3417 are met. (b) The notice provided by the department shall contain, but need not be limited to, guidelines for qualification for, and the timeframe for application to, the program and the process for appealing a denial of admittance. (c) Any community treatment program, in which an inmate who gives birth after her receipt by the Department of Corrections and Rehabilitation participates, shall include, but is not limited to, the following: (1) Prenatal care. (2) Access to prenatal vitamins. (3) Childbirth education. (4) Infant care. (Amended by Stats. 2005, Ch. 608, Sec. 1. Effective January 1, 2006.)
  23. 3420.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

    Verify source ↗

    The Department of Corrections must notify the child’s caretaker or guardian, and sometimes the local social services agency, when an inmate applies for a program. Certain people then have five days to decide whether to challenge the applicant’s entry, and some fitness petitions must be handled promptly by the court.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3420. (a) Within five days after the receipt of an inmate by the Department of Corrections who has already applied for admission to a program, or of her application for admission to a program, whichever is later, the department shall give notice of her application to the child’s current caretaker or guardian, if any, and if it has not already been notified pursuant to Section 3415, the appropriate local social services agency that conducts investigations for child neglect and dependency hearings. (b) The department and the individuals and agencies notified shall have five days from the date of notice to decide whether or not to challenge the appropriateness of the applicant’s entry into the program. Lack of a petition filed by that time shall result in a presumption that the individuals and agencies notified do not challenge the appropriateness of the applicant’s entry into the program. (c) The local agency which has been notified pursuant to Section 3415 shall not initiate the process of considering whether or not to file until after the sentencing court has sentenced the applicant. (d) The appropriate local agency that conducts investigations for child neglect and dependency hearings, the Department of Corrections, and the current guardian or caretaker of the child, shall have the authority to file for a fitness proceeding against the mother after the mother has applied in writing to participate in the program. (e) The determination of whether or not to file shall be based in part on the likelihood of the mother being a fit parent for the child in question both during the program and afterwards. Program content shall be taken into account in this determination. There shall be a presumption affecting the burden of producing evidence in favor of filing for a fitness proceeding under the following circumstances: (1) The applicant was convicted of one or more of the following violent felonies: (A) Murder. (B) Mayhem. (C) Aggravated mayhem. (D) Kidnapping as defined in Section 207 or 209. (E) Lewd acts on a child under 14 as defined in Section 288. (F) Any felony in which the defendant inflicts great bodily injury on a person other than accomplices which has been alleged and proven. (G) Forcible rape in violation of subdivision (2), (3), or (4) of Section 261. (H) Sodomy by force, violence, duress, menace, or threat of great bodily injury. (I) Oral copulation by force, violence, duress, menace, or threat of great bodily injury. (2) The applicant was convicted of child abuse in the current or any proceeding. (f) Fitness petitions shall be resolved in the court of first instance as soon as possible for purposes of this section. Given the need to place the child as soon as possible, the first determination by the court as to the applicant’s fitness as a mother shall determine her eligibility for the program for the current application. Outcomes of appeals shall not affect eligibility. (Amended by Stats. 1994, Ch. 224, Sec. 8. Effective January 1, 1995.)
  24. 34200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Reports and Publications [34200 - 34210] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Attorney General must give the Legislature an annual written report on firearms used in crimes.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Reports and Publications [34200 - 34210] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34200. The Attorney General shall provide the Legislature on or before April 15 of each year, commencing in 1998, a written report on the specific types of firearms used in the commission of crimes based upon information obtained from state and local crime laboratories. The report shall include all of the following information regarding crimes in which firearms were used: (a) A description of the relative occurrence of firearms most frequently used in the commission of violent crimes, distinguishing whether the firearms used were handguns, rifles, shotguns, assault weapons, or other related types of weapons. (b) A description of specific types of firearms that are used in homicides or street gang and drug trafficking crimes. (c) The frequency with which stolen firearms were used in the commission of the crimes. (d) The frequency with which fully automatic firearms were used in the commission of the crimes. (e) Any trends of importance such as those involving specialized ammunition or firearms modifications, such as conversion to a fully automatic weapon, removal of serial number, shortening of barrel, or use of a suppressor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  25. 34205.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Reports and Publications [34200 - 34210] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must prepare a firearms-law pamphlet and make it available to licensed firearms dealers at actual cost.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Reports and Publications [34200 - 34210] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34205. (a) The Department of Justice shall prepare a pamphlet that summarizes California firearms laws as they pertain to persons other than law enforcement officers or members of the armed services. (b) The pamphlet shall include the following matters: (1) Lawful possession. (2) Licensing procedures. (3) Transportation and use of firearms. (4) Acquisition of hunting licenses. (5) The safe handling and use of firearms. (6) Various methods of safe storage and child proofing of firearms. (7) The availability of firearms safety programs and devices. (8) The responsibilities of firearms ownership. (9) The operation of various types of firearms. (10) The lawful use of deadly force. (c) The department shall offer copies of the pamphlet at actual cost to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall have copies of the most current version available for sale to retail purchasers or transferees of firearms. The cost of the pamphlet, if any, may be added to the sale price of the firearm. Other interested parties may purchase copies directly from the Department of General Services. (d) The pamphlet shall declare that it is merely intended to provide a general summary of laws applicable to firearms and is not designed to provide individual guidance for specific areas. Individuals having specific questions shall be directed to contact their local law enforcement agency or private counsel. (e) The Department of Justice or any other public entity shall be immune from any liability arising from the drafting, publication, or dissemination of the pamphlet or any reliance upon it. All receipts from the sale of these pamphlets shall be deposited as reimbursements to the support appropriation for the Department of Justice. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  26. 3421.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

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    Children of women inmates may participate in the program only until age six. After that, the Board of Prison Terms may arrange other care and, if needed, move the mother to another placement; in exceptional cases, the board may keep the child and mother longer.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3421. Children of women inmates may only participate in the program until they reach the age of six years, at which time the Board of Prison Terms may arrange for their care elsewhere under any procedure authorized by statute and transfer the mother to another placement under the jurisdiction of the Department of Corrections if necessary; and provided further, that at its discretion in exceptional cases, including, but not limited to cases where the mother’s period of incarceration is extended, the board may retain such child and mother for a longer period of time. (Amended by Stats. 1982, Ch. 42, Sec. 11. Effective February 17, 1982.)
  27. 34210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Reports and Publications [34200 - 34210] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must prepare a firearm safety pamphlet, may seek input on it, and must post it online in a format that firearms dealers can use to distribute it.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 1. Miscellaneous Reports and Publications [34200 - 34210] ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34210. (a) The Department of Justice shall prepare a pamphlet in all of the languages described in subdivision (a) of Section 31640 that explains the reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury. (b) The department may solicit input from any reputable association or organization in the development of the pamphlet. (c) The department shall design and make available on its internet website the pamphlet described in subdivision (a) in PDF or another imaging format to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, to distribute pursuant to Section 26866. (d) This section shall become operative on January 1, 2025. (Added by Stats. 2023, Ch. 248, Sec. 4.5. (AB 1598) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  28. 3422.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

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    The department must make diligent efforts to find other funding sources for the 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 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3422. The costs for care of any mother and child placed in a community treatment program pursuant to this section shall be paid for out of funds allocated to the department in the normal budgetary process. The department shall make diligent efforts to procure other funding sources for the program. (Amended by Stats. 1982, Ch. 42, Sec. 12. Effective February 17, 1982.)
  29. 3423.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

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    A woman inmate who is due to give birth may be taken to an outside hospital for childbirth, cannot be shackled during labor and recovery except as allowed by Section 5007.7, and the board must care for the child and pay for that care until the child is suitably placed.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3423. Any woman inmate who would give birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the prison for the purposes of childbirth, and the charge for hospital and medical care shall be charged against the funds allocated to the institution. The inmate shall not be shackled by the wrists, ankles, or both during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, except as provided in Section 5007.7. The board shall provide for the care of any children so born and shall pay for their care until suitably placed, including, but not limited to, placement in a community treatment program. (Amended by Stats. 2005, Ch. 608, Sec. 2. Effective January 1, 2006.)
  30. 3424.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. )

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    Pregnant incarcerated women not eligible for the chapter’s program must have access to complete prenatal care, and the department must set minimum standards for their care.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Community Treatment Programs [3410 - 3424] ( Chapter 4 added by Stats. 1978, Ch. 1054. ) ## 3424. A woman who is pregnant during her incarceration and who is not eligible for the program described in this chapter shall have access to complete prenatal health care. The department shall establish minimum standards for pregnant inmates in its custody who are not placed in a community treatment program including all of the following: (a) A balanced, nutritious diet approved by a doctor. (b) Prenatal and postpartum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor. (c) Information pertaining to childbirth education and infant care. (d) A dental cleaning while in a state facility. (Added by Stats. 2005, Ch. 608, Sec. 3. Effective January 1, 2006.)
  31. 343.

    ## 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 11. Pawnbrokers [343- 343.] ( Chapter 11 enacted 1872. )

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    People who buy certain gold materials must show their register, pledged items, or sales account for inspection to specified officers or appointed persons, or they commit 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 11. Pawnbrokers [343- 343.] ( Chapter 11 enacted 1872. ) ## 343. Every person who purchases gold bullion, gold bars or gold quartz or mineral containing gold, who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property or to any person appointed by the sheriff or head of the police department of any city, city and county or town, or an order of a committing magistrate directing such officer to inspect such register, or examine such articles or account of sales, is guilty of a misdemeanor. (Amended by Stats. 1959, Ch. 638.)
  32. 3430.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Gender Responsive Programs [3430- 3430.] ( Chapter 5 added by Stats. 2007, Ch. 706, Sec. 1. )

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    The Department of Corrections and Rehabilitation must carry out a set of gender-responsive programs and planning duties for female offenders and female institutions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Gender Responsive Programs [3430- 3430.] ( Chapter 5 added by Stats. 2007, Ch. 706, Sec. 1. ) ## 3430. The Department of Corrections and Rehabilitation shall do all of the following: (a) Create a Female Offender Reform Master Plan, and shall present this plan to the Legislature by March 1, 2008. (b) Create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders. (c) Contract with nationally recognized gender responsive experts in prison operational practices staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to do both of the following: (1) Conduct a staffing analysis of all current job classifications assigned to each prison that houses only females. The department shall provide a plan to the Legislature by March 1, 2009, that incorporates those recommendations and details the changes that are needed to address any identified unmet needs of female inmates. (2) Develop programs and training for department staff in correctional facilities. (d) Create a gender responsive female classification system. (e) Create a gender responsive staffing pattern for female institutions and community-based offender beds. (f) Create a needs-based case and risk management tool designed specifically for female offenders. This tool shall include, but not be limited to, an assessment upon intake, and annually thereafter, that gauges an inmate’s educational and vocational needs, including reading, writing, communication, and arithmetic skills, health care needs, mental health needs, substance abuse needs, and trauma-treatment needs. The initial assessment shall include projections for academic, vocational, health care, mental health, substance abuse, and trauma-treatment needs, and shall be used to determine appropriate programming and as a measure of progress in subsequent assessments of development. (g) Design and implement evidence-based gender specific rehabilitative programs, including “wraparound” educational, health care, mental health, vocational, substance abuse and trauma treatment programs that are designed to reduce female offender recidivism. These programs shall include, but not be limited to, educational programs that include academic preparation in the areas of verbal communication skills, reading, writing, arithmetic, and the acquisition of high school diplomas and GEDs, and vocational preparation, including counseling and training in marketable skills, and job placement information. (h) Build and strengthen systems of family support and family involvement during the period of the female’s incarceration. (i) Establish a family service coordinator at each prison that houses only females. (Added by Stats. 2007, Ch. 706, Sec. 1. Effective January 1, 2008.)
  33. 34350.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Attorney General must study ballistics identification systems and report the results to the Legislature.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34350. (a) The Attorney General shall conduct a study to evaluate ballistics identification systems to determine the feasibility and potential benefits to law enforcement of utilizing a statewide ballistics identification system capable of maintaining a database of ballistic images and information from test fired and sold firearms. The study shall include an evaluation of ballistics identification systems currently used by state and federal law enforcement agencies and the firearms industry. The Attorney General shall consult with law enforcement agencies, firearms industry representatives, private technology providers, and other appropriate parties in conducting the study. (b) In evaluating ballistics identification systems to determine the feasibility of utilizing a statewide system as required pursuant to subdivision (a), the Attorney General shall consider, at a minimum, the following: (1) The development of methods by which firearm manufacturers, importers, and dealers may potentially capture ballistic images from firearms prior to sale in California and forward that information to the Attorney General. (2) The development of methods by which the Attorney General will receive, store, and make available to law enforcement ballistic images submitted by firearm manufacturers, importers, and dealers prior to sale in California. (3) The potential financial costs to the Attorney General of implementing and operating a statewide ballistics identification system, including the process for receipt of information from firearm manufacturers, importers, and dealers. (4) The capability of a ballistics identification system maintaining a database of ballistic images and information from test fired firearms for all firearms sold in California. (5) The compatibility of a ballistics identification system with ballistics identification systems that are currently used by law enforcement agencies in California. (6) A method to ensure that state and local law enforcement agencies can forward ballistic identification information to the Attorney General for inclusion in a statewide ballistics identification system. (7) The feasibility and potential benefits to law enforcement of requiring firearm manufacturers, importers, and dealers to provide the Attorney General with ballistic images from any, or a selected number of, test fired firearms prior to the sale of those firearms in California. (c) The Attorney General shall submit a report to the Legislature with the results of the study not later than June 1, 2001. In the event the report includes a determination that a ballistics identification system and database is feasible and would benefit law enforcement, the report shall also recommend a strategy for implementation. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  34. 34355.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Authorized law enforcement representatives may receive firearms for exclusive agency use if they present written authorization from the head of the agency before the transaction. Agencies must also record acquired handguns, and later any firearms, in AFS via CLETS within 10 days, or arrange for the county sheriff to input the record if the agency lacks AFS access.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34355. (a) Section 34350 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. (b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed. (c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 76. (AB 809) Effective January 1, 2012.)
  35. 34360.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Section 34350 does not apply to certain firearm loans between law enforcement and a peace officer when specified 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 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34360. Section 34350 does not apply to the loan of a firearm if all of the following conditions are satisfied: (a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government. (b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm. (c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer’s duties. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  36. 34365.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 34365 exempts certain law-enforcement firearm transfers from Section 34350 and requires reporting of those transfers into AFS through CLETS.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34365. (a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 77. (AB 809) Effective January 1, 2012.)
  37. 34370.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A law enforcement or state agency that transfers a firearm to a retiring peace officer must enter the officer and firearm details into AFS via CLETS within 10 days; agencies without AFS access must work with the county sheriff to do the input.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 2. Ballistics Identification System [34350 - 34370] ( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 34370. (a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 78. (AB 809) Effective January 1, 2012.)
  38. 3440.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sterilization of Inmates [3440- 3440.] ( Chapter 6 added by Stats. 2014, Ch. 558, Sec. 2. )

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    Sterilization of people in custody for birth control is prohibited, with narrow emergency and medical-necessity 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 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS [3200 - 3440] ( Title 2 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sterilization of Inmates [3440- 3440.] ( Chapter 6 added by Stats. 2014, Ch. 558, Sec. 2. ) ## 3440. (a) Sterilization for the purpose of birth control, including, but not limited to, during labor and delivery, of an individual under the control of the department or a county and imprisoned in the state prison or a reentry facility, community correctional facility, county jail, or any other institution in which an individual is involuntarily confined or detained under a civil or criminal statute, is prohibited. (b) Sterilization of an individual under the control of the department or a county and imprisoned in the state prison or a reentry facility, community correctional facility, county jail, or any other institution in which an individual is involuntarily confined or detained under a civil or criminal statute, through tubal ligation, hysterectomy, oophorectomy, salpingectomy, or any other means rendering an individual permanently incapable of reproducing, is prohibited except in either of the following circumstances: (1) The procedure is required for the immediate preservation of the individual’s life in an emergency medical situation. (2) The sterilizing procedure is medically necessary, as determined by contemporary standards of evidence-based medicine, to treat a diagnosed condition, and all of the following requirements are satisfied: (A) Less invasive measures to address the medical need are nonexistent, are refused by the individual, or are first attempted and deemed unsuccessful by the individual, in consultation with his or her medical provider. (B) A second physician, independent of, and not employed by, but authorized to provide services to individuals in the custody of, and to receive payment for those services from, the department or county department overseeing the confinement of the individual, conducts an in-person consultation with the individual and confirms the need for a medical intervention resulting in sterilization to address the medical need. (C) Patient consent is obtained after the individual is made aware of the full and permanent impact the procedure will have on his or her reproductive capacity, that future medical treatment while under the control of the department or county will not be withheld should the individual refuse consent to the procedure, and the side effects of the procedure. (c) If a sterilization procedure is performed pursuant to paragraph (1) or (2) of subdivision (b), presterilization and poststerilization psychological consultation and medical followup, including providing relevant hormone therapy to address surgical menopause, shall be made available to the individual sterilized while under the control of the department or the county. (d) (1) The department shall, if a sterilization procedure is performed on one or more individuals under its control, annually publish on its Internet Web site data related to the number of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization. (2) (A) Each county jail or other institution of confinement shall, if a sterilization procedure is performed on one or more individuals under its control, annually submit to the Board of State and Community Corrections data related to the number of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization. (B) The Board of State and Community Corrections shall annually publish the data received pursuant to subparagraph (A) on its Internet Web site. (e) The department and all county jails or other institutions of confinement shall provide notification to all individuals under their custody and to all employees who are involved in providing health care services of their rights and responsibilities under this section. (f) An employee of the department or of a county jail or other institution of confinement who reports the sterilization of an individual performed in violation of this section is entitled to the protection available under subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 6129, or under the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2 of the Government Code) or the Whistleblower Protection Act (Article 10 (commencing with Section 9149.20) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code). (Amended by Stats. 2015, Ch. 303, Sec. 399. (AB 731) Effective January 1, 2016.)
  39. 34400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearm and Ammunition Excise Tax Certificates of Registration [34400- 34400.] ( Chapter 3 added by Stats. 2023, Ch. 231, Sec. 6. )

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    The Department of Justice may revoke or reinstate certain ammunition and firearms licenses and list entries based on action taken by the California Department of Tax and Fee Administration.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE [34200 - 34400] ( Division 12 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 3. Firearm and Ammunition Excise Tax Certificates of Registration [34400- 34400.] ( Chapter 3 added by Stats. 2023, Ch. 231, Sec. 6. ) ## 34400. (a) The department may revoke any ammunition vendor license or remove any firearms dealer or firearms manufacturer from any centralized list maintained by the department pursuant to Sections 26715, 28450, and 29060, upon notification from the California Department of Tax and Fee Administration that either of the following events has occurred: (1) After providing notice and the opportunity for a hearing, the California Department of Tax and Fee Administration has revoked the licensee’s certificate of registration, pursuant to Section 36037 of the Revenue and Taxation Code, for violating any of the provisions of Part 16 (commencing with Section 36001) of Division 2 of the Revenue and Taxation Code. (2) After providing notice and the opportunity for a hearing, the California Department of Tax and Fee Administration has revoked or suspended the licensee’s seller’s permit, pursuant to Section 6070 of the Revenue and Taxation Code, for violating any of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (b) The Department of Justice may reinstate an ammunition vendor license that has been revoked pursuant to subdivision (a), or reinstate on any centralized list maintained by the department pursuant to Sections 26715, 28450, and 29060, a firearms dealer or manufacturer that was removed from the centralized list pursuant to subdivision (a) if the California Department of Tax and Fee Administration has reinstated the licensee’s certificate of registration or the seller’s permit, as applicable. (c) The Department of Justice’s authority under this section to revoke or reinstate an ammunition vendor license, or to remove or reinstate a firearms dealer or firearms manufacturer from a centralized list shall be in addition to the Department of Justice’s authority to revoke or reinstate an ammunition vendor license or to remove or reinstate a firearms dealer or firearms manufacturer from a centralized list under any other statute or authority. (d) The Department of Justice may prescribe, adopt, and enforce rules and regulations, including emergency regulations as necessary, relating to the administration and enforcement of this section. (Added by Stats. 2023, Ch. 231, Sec. 6. (AB 28) Effective January 1, 2024.)
  40. 3450.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    This section names the act as the Postrelease Community Supervision Act of 2011 and defines key terms used in it.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3450. (a) This act shall be known and may be cited as the Postrelease Community Supervision Act of 2011. (b) The Legislature finds and declares all of the following: (1) The Legislature reaffirms its commitment to reducing recidivism among criminal offenders. (2) Despite the dramatic increase in corrections spending over the past two decades, national reincarceration rates for people released from prison remain unchanged or have worsened. National data show that about 40 percent of released individuals are reincarcerated within three years. In California, the recidivism rate for persons who have served time in prison is even greater than the national average. (3) Criminal justice policies that rely on the reincarceration of parolees for technical violations do not result in improved public safety. (4) California must reinvest its criminal justice resources to support community corrections programs and evidence-based practices that will achieve improved public safety returns on this state’s substantial investment in its criminal justice system. (5) Realigning the postrelease supervision of certain felons reentering the community after serving a prison term to local community corrections programs, which are strengthened through community-based punishment, evidence-based practices, and improved supervision strategies, will improve public safety outcomes among adult felon parolees and will facilitate their successful reintegration back into society. (6) Community corrections programs require a partnership between local public safety entities and the county to provide and expand the use of community-based punishment for offenders paroled from state prison. Each county’s local Community Corrections Partnership, as established in paragraph (2) of subdivision (b) of Section 1230, should play a critical role in developing programs and ensuring appropriate outcomes for persons subject to postrelease community supervision. (7) Fiscal policy and correctional practices should align to promote a justice reinvestment strategy that fits each county. “Justice reinvestment” is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. The purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. (8) “Community-based punishment” means evidence-based correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. Intermediate sanctions may be provided by local public safety entities directly or through public or private correctional service providers and include, but are not limited to, the following: (A) Short-term “flash” incarceration in jail for a period of not more than 10 days. (B) Intensive community supervision. (C) Home detention with electronic monitoring or GPS monitoring. (D) Mandatory community service. (E) Restorative justice programs, such as mandatory victim restitution and victim-offender reconciliation. (F) Work, training, or education in a furlough program pursuant to Section 1208. (G) Work, in lieu of confinement, in a work release program pursuant to Section 4024.2. (H) Day reporting. (I) Mandatory residential or nonresidential substance abuse treatment programs. (J) Mandatory random drug testing. (K) Mother-infant care programs. (L) Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment, literacy programming, employment counseling, psychological counseling, mental health treatment, or any combination of these and other interventions. (9) “Evidence-based practices” refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease supervision. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 27. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  41. 3451.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    Most people released from prison for a felony are placed under county probation supervision for up to three years, unless they fall within listed 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 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3451. (a) Notwithstanding any other law and except for persons serving a prison term for any crime described in subdivision (b), all persons released from prison on and after October 1, 2011, or, whose sentence has been deemed served pursuant to Section 2900.5 after serving a prison term for a felony shall, upon release from prison and for a period not exceeding three years immediately following release, be subject to community supervision provided by the probation department of the county to which the person is being released, which is consistent with evidence-based practices, including, but not limited to, supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under postrelease supervision. (b) This section shall not apply to any person released from prison after having served a prison term for any of the following: (1) A serious felony described in subdivision (c) of Section 1192.7. (2) A violent felony described in subdivision (c) of Section 667.5. (3) A crime for which the person was sentenced pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12. (4) Any crime for which the person is classified as a high-risk sex offender. (5) Any crime for which the person is required, as a condition of parole, to undergo treatment by the State Department of State Hospitals pursuant to Section 2962. (c) (1) Postrelease supervision under this title shall be implemented by the county probation department according to a postrelease strategy designated by each county’s board of supervisors. (2) The Department of Corrections and Rehabilitation shall inform every prisoner subject to the provisions of this title, upon release from state prison, of the requirements of this title and of his or her responsibility to report to the county probation department. The department or probation department shall also inform persons serving a term of parole or postrelease community supervision for a felony offense who are subject to this section of the requirements of this title and of his or her responsibility to report to the county probation department. Thirty days prior to the release of any person subject to postrelease supervision by a county, the department shall notify the county of all information that would otherwise be required for parolees under subdivision (e) of Section 3003. (d) A person released to postrelease community supervision pursuant to subdivision (a) shall, regardless of any subsequent determination that the person should have been released to parole pursuant to Section 3000.08, remain subject to subdivision (a) after having served 60 days under supervision pursuant to subdivision (a). (Amended by Stats. 2015, Ch. 378, Sec. 5. (AB 1156) Effective January 1, 2016.)
  42. 3452.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    Some people must be told, before release, that they are subject to 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 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3452. (a) A person who is eligible for postrelease community supervision pursuant to this title shall be given notice that he or she is subject to postrelease community supervision prior to his or her release from prison. A person who is on parole and is then transferred to postrelease community supervision shall be given notice that he or she is subject to postrelease community supervision prior to his or her release from state prison. (b) A postrelease community supervision notice shall specify the following: (1) The person’s release date and the maximum period the person may be subject to postrelease supervision under this title. (2) The name, address, and telephone number of the county agency responsible for the person’s postrelease supervision. (3) An advisement that if a person breaks the law or violates the conditions of release, he or she can be incarcerated in a county jail regardless of whether or not new charges are filed. (Amended by Stats. 2012, Ch. 43, Sec. 50. (SB 1023) Effective June 27, 2012.)
  43. 3453.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    This section lists the conditions a person on postrelease community supervision must follow, including reporting, travel, residence, employment, search, weapon, and restitution 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 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3453. Postrelease community supervision shall include the following conditions: (a) The person shall be informed of the conditions of release. (b) The person shall obey all laws. (c) The person shall report to the supervising county agency within two working days of release from custody. (d) The person shall follow the directives and instructions of the supervising county agency. (e) The person shall report to the supervising county agency as directed by that agency. (f) The person, and their residence and possessions, shall be subject to search at any time of the day or night, with or without a warrant, by an agent of the supervising county agency or by a peace officer. (g) The person shall waive extradition if found outside the state. (h) (1) The person shall inform the supervising county agency of the person’s place of residence and shall notify the supervising county agency of any change in residence, or the establishment of a new residence if the person was previously transient, within five working days of the change. (2) For purposes of this section, “residence” means one or more locations at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, a house, apartment building, motel, hotel, homeless shelter, and recreational or other vehicle. If the person has no residence, they shall inform the supervising county agency that they are transient. (i) (1) The person shall inform the supervising county agency of the person’s place of employment, education, or training. The person shall inform the supervising agency of any pending or anticipated change in employment, education, or training. (2) If the person enters into new employment, they shall inform the supervising county agency of the new employment within three business days of that entry. (j) The person shall immediately inform the supervising county agency if they are arrested or receive a citation. (k) The person shall obtain the permission of the supervising county agency to travel more than 50 miles from the person’s place of residence. (l) The person shall obtain a travel pass from the supervising county agency before they may leave the county or state for more than two days. (m) The person shall not be in the presence of a firearm or ammunition, or any item that appears to be a firearm or ammunition. (n) The person shall not possess, use, or have access to any weapon listed in Section 16140, subdivision (c) of Section 16170, Section 16220, 16260, 16320, 16330, or 16340, subdivision (b) of Section 16460, Section 16470, subdivision (f) of Section 16520, or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810, 22210, 22215, 22410, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600. (o) (1) Except as provided in paragraph (2) and subdivision (p), the person shall not possess a knife with a blade longer than two inches. (2) The person may possess a kitchen knife with a blade longer than two inches if the knife is used and kept only in the kitchen of the person’s residence. (p) The person may use a knife with a blade longer than two inches, if the use is required for that person’s employment, the use has been approved in a document issued by the supervising county agency, and the person possesses the document of approval at all times and makes it available for inspection. (q) The person shall waive any right to a court hearing prior to the imposition of a period of “flash incarceration” in a city or county jail of not more than 10 consecutive days for any violation of their postrelease supervision conditions. (r) The person shall participate in rehabilitation programming as recommended by the supervising county agency. (s) The person shall be subject to arrest with or without a warrant by a peace officer employed by the supervising county agency or, at the direction of the supervising county agency, by any peace officer when there is probable cause to believe the person has violated the terms and conditions of release. (t) The person shall pay court-ordered restitution and restitution fines in the same manner as a person placed on probation. (Amended by Stats. 2021, Ch. 434, Sec. 14. (SB 827) Effective January 1, 2022.)
  44. 3454.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    County agencies that supervise postrelease supervision must create a review process, and any added supervision conditions must be reasonably related to the offense, recidivism risk, and criminal history.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3454. (a) Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a person’s program of postrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offender’s risk of recidivism, and the offender’s criminal history, and be otherwise consistent with law. (b) Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined in Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offender’s condition of postrelease supervision. (c) As used in this title, “flash incarceration” is a period of detention in a city or county jail due to a violation of an offender’s conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of an offender’s postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations. (Amended by Stats. 2013, Ch. 788, Sec. 3. (AB 986) Effective January 1, 2014.)
  45. 3455.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    This section sets out how postrelease community supervision revocation, modification, arrest, custody, release, and related court procedures work.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3455. (a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, and any recommendations. The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of postrelease community supervision, the revocation hearing officer shall have authority to do all of the following: (1) Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail. (2) Revoke and terminate postrelease community supervision and order the person to confinement in a county jail. (3) Refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the court’s discretion. (b) (1) At any time during the period of postrelease community supervision, if a peace officer has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that person’s arrest. (2) The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice. (3) Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate. (c) The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance. (d) Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction. (e) A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the person’s initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456. (Amended by Stats. 2015, Ch. 61, Sec. 4. (SB 517) Effective January 1, 2016.)
  46. 3456.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    The county agency must keep postrelease supervision in place until a listed event ends it, and some people must be discharged after set periods without qualifying 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 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3456. (a) The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain postrelease supervision over a person under postrelease supervision pursuant to this title until one of the following events occurs: (1) The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision. (2) Any person on postrelease supervision for six consecutive months with no violations of his or her conditions of postrelease supervision that result in a custodial sanction may be considered for immediate discharge by the supervising county. (3) The person who has been on postrelease supervision continuously for one year with no violations of his or her conditions of postrelease supervision that result in a custodial sanction shall be discharged from supervision within 30 days. (4) Jurisdiction over the person has been terminated by operation of law. (5) Jurisdiction is transferred to another supervising county agency. (6) Jurisdiction is terminated by the revocation hearing officer upon a petition to revoke and terminate supervision by the supervising county agency. (b) Time during which a person on postrelease supervision is suspended because the person has absconded shall not be credited toward any period of postrelease supervision. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 31. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  47. 3456.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    The local supervising agency may require people released into postrelease community supervision to report within two days of release, and can require a shorter reporting period. The sheriff or local correctional administrator may also release certain inmates up to two days early when the release date falls before a holiday or weekend.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3456.5. (a) (1) The local supervising agency, in coordination with the sheriff or local correctional administrator, may require any person that is to be released from county jail or a local correctional facility into postrelease community supervision to report to a supervising agent or designated local supervising agency within two days of release from the county jail or local correction facility. (2) This section shall not prohibit the local supervising agency from requiring any person released on postrelease community supervision to report to his or her assigned supervising agent within a time period that is less than two days from the time of release. (b) With regard to any inmate subject to this section, the sheriff or local correctional administrator may release an inmate sentenced prior to the effective date of the act adding this section 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. (Added by Stats. 2012, Ch. 43, Sec. 53. (SB 1023) Effective June 27, 2012.)
  48. 3457.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    The Department of Corrections and Rehabilitation has no jurisdiction over people under postrelease community supervision under this title.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3457. The Department of Corrections and Rehabilitation shall have no jurisdiction over any person who is under postrelease community supervision pursuant to this title. (Added by Stats. 2011, Ch. 15, Sec. 479. (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.)
  49. 3458.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    A person subject to this title may not be returned to prison for violating a condition of their postrelease supervision agreement.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3458. No person subject to this title shall be returned to prison for a violation of any condition of the person’s postrelease supervision agreement. (Added by Stats. 2011, Ch. 15, Sec. 479. (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.)
  50. 346.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person may not resell an admission ticket at a higher price without written permission from the property owner or operator, while on the event grounds or at the venue.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 346. Any person who, without the written permission of the owner or operator of the property on which an entertainment event is to be held or is being held, sells a ticket of admission to the entertainment event, which was obtained for the purpose of resale, at any price which is in excess of the price that is printed or endorsed upon the ticket, while on the grounds of or in the stadium, arena, theater, or other place where an event for which admission tickets are sold is to be held or is being held, is guilty of a misdemeanor. (Added by Stats. 1972, Ch. 529.)
  51. 3460.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    A supervising agency must send transfer information within two weeks when a supervised person no longer permanently lives in its jurisdiction, and the receiving supervising agency must accept jurisdiction after permanent residency is verified.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3460. (a) Whenever a supervising agency determines that a person subject to postrelease supervision pursuant to this chapter no longer permanently resides within its jurisdiction, and a change in residence was either approved by the supervising agency or did not violate the terms and conditions of postrelease supervision, the supervising agency shall transmit, within two weeks, any information the agency received from the Department of Corrections and Rehabilitation prior to the release of the person in that jurisdiction to the designated supervising agency in the county in which the person permanently resides. (b) Upon verification of permanent residency, the receiving supervising agency shall accept jurisdiction and supervision of the person on postrelease supervision. (c) For purposes of this section, residence means the place where the person customarily lives exclusive of employment, school, or other special or temporary purpose. A person may have only one residence. (d) No supervising agency shall be required to transfer jurisdiction to another county unless the person demonstrates an ability to establish permanent residency within another county without violating the terms and conditions of postrelease supervision. (Added by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 32. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  52. 3465.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. )

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    People on postrelease community supervision, and their residence and possessions, may be searched or seized at any time by a supervising county agency agent or a peace officer, with or without a warrant.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.05. Postrelease Community Supervision Act of 2011 [3450 - 3465] ( Title 2.05 added by Stats. 2011, Ch. 15, Sec. 479. ) ## 3465. Every person placed on postrelease community supervision, and his or her residence and possessions, shall be subject to search or seizure at any time of the day or night, with or without a warrant, by an agent of the supervising county agency or by a peace officer. (Added by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 33. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  53. 347.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    It is a felony to willfully mix or place poison or harmful substances in food, drink, medicine, pharmaceutical products, or water sources when injury is foreseeable, and to falsely tell others that such poisoning has occurred or will occur.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 347. (a) (1) Every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply, where the person knows or should have known that the same would be taken by any human being to his or her injury, is guilty of a felony punishable by imprisonment in the state prison for two, four, or five years. (2) Any violation of paragraph (1) involving the use of a poison or harmful substance that may cause death if ingested or that causes the infliction of great bodily injury on any person shall be punished by an additional term of three years. (b) Any person who maliciously informs any other person that a poison or other harmful substance has been or will be placed in any food, drink, medicine, pharmaceutical product, or public water supply, knowing that such report is false, is guilty of a crime punishable by imprisonment in the state prison, or by imprisonment in the county jail not to exceed one year. (c) The court may impose the maximum fine for each item tampered with in violation of subdivision (a). (Amended by Stats. 2000, Ch. 287, Sec. 8. Effective January 1, 2001.)
  54. 347b

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    It is unlawful for a person, firm, or corporation to make, sell, give away, or offer to make, sell, or give away a potable alcoholic solution that contains a deleterious or poisonous substance.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 347b. It shall be unlawful for any person, firm or corporation to manufacture, sell, furnish, or give away, or offer to manufacture, sell, furnish, or give away any alcoholic solution of a potable nature containing any deleterious or poisonous substance, and the burden of proof shall be upon the person, firm, or corporation manufacturing, selling, furnishing, or giving away, or offering to manufacture, sell, furnish, or give away, any such alcoholic solution of a potable nature containing any deleterious or poisonous substance, to show that such alcoholic solution of a potable nature did not contain any deleterious or poisonous substance. Every person who violates any of the provisions of this section is guilty of a misdemeanor, and shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. (Amended by Stats. 1976, Ch. 1125.)
  55. 350.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    It is a crime for any person to willfully make, sell, or possess for sale a counterfeit registered mark, with penalties that increase based on the number of articles, value, repeat conviction, and harm caused.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 350. (a) Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office, shall, upon conviction, be punishable as follows: (1) When the offense involves less than 1,000 of the articles described in this subdivision, with a total retail or fair market value less than that required for grand theft as defined in Section 487, and if the person is an individual, he or she shall be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment; or, if the person is a business entity, by a fine of not more than two hundred thousand dollars ($200,000). (2) When the offense involves 1,000 or more of the articles described in this subdivision, or has a total retail or fair market value equal to or greater than that required for grand theft as defined in Section 487, and if the person is an individual, he or she shall be punished by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that imprisonment and fine; or, if the person is a business entity, by a fine not to exceed one million dollars ($1,000,000). (b) Any person who has been convicted of a violation of either paragraph (1) or (2) of subdivision (a) shall, upon a subsequent conviction of paragraph (1) of subdivision (a), if the person is an individual, be punished by a fine of not more than one hundred thousand dollars ($100,000), or by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment; or, if the person is a business entity, by a fine of not more than four hundred thousand dollars ($400,000). (c) Any person who has been convicted of a violation of subdivision (a) and who, by virtue of the conduct that was the basis of the conviction, has directly and foreseeably caused death or great bodily injury to another through reliance on the counterfeited item for its intended purpose shall, if the person is an individual, be punished by a fine of not more than one hundred thousand dollars ($100,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment; or, if the person is a business entity, by a fine of not more than four hundred thousand dollars ($400,000). (d) (1) Except as provided in paragraph (2), in any action brought under this section resulting in a conviction or a plea of nolo contendere, the court shall order the forfeiture and destruction of all of those marks and of all goods, articles, or other matter bearing the marks, and the forfeiture and destruction or other disposition of all means of making the marks, and any and all electrical, mechanical, or other devices for manufacturing, reproducing, transporting, or assembling these marks, that were used in connection with, or were part of, any violation of this section. (2) Upon request of any law enforcement agency and consent from the specific registrants, the court may consider a motion to have the items described in paragraph (1), not including recordings or audiovisual works as defined in Section 653w, donated to a nonprofit organization for the purpose of distributing the goods to persons living in poverty at no charge to the persons served by the organization. (3) Forfeiture of the proceeds of the crime shall be subject to Chapter 9 (commencing with Section 186) of Title 7 of Part 1. However, no vehicle shall be forfeited under this section that may be lawfully driven on the highway with a class C, M1, or M2 license, as prescribed in Section 12804.9 of the Vehicle Code, and that is any of the following: (A) A community property asset of a person other than the defendant. (B) The sole class C, M1, or M2 vehicle available to the immediate family of that person or of the defendant. (C) Reasonably necessary to be retained by the defendant for the purpose of lawfully earning a living, or for any other reasonable and lawful purpose. (e) For the purposes of this section, the following definitions shall apply: (1) When counterfeited but unassembled components of computer software packages are recovered, including, but not limited to, counterfeited computer diskettes, instruction manuals, or licensing envelopes, the number of “articles” shall be equivalent to the number of completed computer software packages that could have been made from those components. (2) “Business entity” includes, but is not limited to, a corporation, limited liability company, or partnership. “Business entity” does not include a sole proprietorship. (3) “Counterfeit mark” means a spurious mark that is identical with, or confusingly similar to, a registered mark and is used, or intended to be used, on or in connection with the same type of goods or services for which the genuine mark is registered. It is not necessary for the mark to be displayed on the outside of an article for there to be a violation. For articles containing digitally stored information, it shall be sufficient to constitute a violation if the counterfeit mark appears on a video display when the information is retrieved from the article. The term “spurious mark” includes genuine marks used on or in connection with spurious articles and includes identical articles containing identical marks, where the goods or marks were reproduced without authorization of, or in excess of any authorization granted by, the registrant. When counterfeited but unassembled components of any articles described under subdivision (a) are recovered, including, but not limited to, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging, or any other components of any type or nature that are designed, marketed, or otherwise intended to be used on or in connection with any articles described under subdivision (a), the number of “articles” shall be equivalent to the number of completed articles that could have been made from those components. (4) “Knowingly possess” means that the person possessing an article knew or had reason to believe that it was spurious, or that it was used on or in connection with spurious articles, or that it was reproduced without authorization of, or in excess of any authorization granted by, the registrant. (5) Notwithstanding Section 7, “person” includes, but is not limited to, a business entity. (6) “Registrant” means any person to whom the registration of a mark is issued and that person’s legal representatives, successors, or assigns. (7) “Sale” includes resale. (8) “Value” has the following meanings: (A) When counterfeit items of computer software are manufactured or possessed for sale, the “value” of those items shall be equivalent to the retail price or fair market price of the true items that are counterfeited. (B) When counterfeited but unassembled components of computer software packages or any other articles described under subdivision (a) are recovered, including, but not limited to, counterfeited digital disks, instruction manuals, licensing envelopes, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging, or any other components of any type or nature that are designed, marketed, or otherwise intended to be used on or in connection with any articles described under subdivision (a), the “value” of those components shall be equivalent to the retail price or fair market value of the number of completed computer software packages or other completed articles described under subdivision (a) that could have been made from those components. (C) “Retail or fair market value” of a counterfeit article means a value equivalent to the retail price or fair market value, as of the last day of the charged crime, of a completed similar genuine article containing a genuine mark. (f) This section shall not be enforced against any party who has adopted and lawfully used the same or confusingly similar mark in the rendition of like services or the manufacture or sale of like goods in this state from a date prior to the earliest effective date of registration of the service mark or trademark either with the Secretary of State or on the Principle Register of the United States Patent and Trademark Office. (g) An owner, officer, employee, or agent who provides, rents, leases, licenses, or sells real property upon which a violation of subdivision (a) occurs shall not be subject to a criminal penalty pursuant to this section, unless he or she sells, or possesses for sale, articles bearing a counterfeit mark in violation of this section. This subdivision shall not be construed to abrogate or limit any civil rights or remedies for a trademark violation. (h) This section shall not be enforced against any party who engages in fair uses of a mark, as specified in Section 14247 of the Business and Professions Code. (i) When a person is convicted of an offense under this section, the court shall order the person to pay restitution to the trademark owner and any other victim of the offense pursuant to Section 1202.4. (Amended by Stats. 2012, Ch. 867, Sec. 19. (SB 1144) Effective January 1, 2013.)
  56. 3500.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 1. Definitions [3500- 3500.] ( Chapter 1 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    This section defines terms used in Title 2.1, including behavioral research, biomedical research, psychotropic drug, research, research protocol, and phase I drug.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 1. Definitions [3500- 3500.] ( Chapter 1 added by Stats. 1977, Ch. 1250. ) ## 3500. For purposes of this title: (a) “Behavioral research” means studies involving, but not limited to, the investigation of human behavior, emotion, adaptation, conditioning, and response in a program designed to test certain hypotheses through the collection of objective data. Behavioral research does not include the accumulation of statistical data in the assessment of the effectiveness of programs to which inmates are routinely assigned, including, but not limited to, education, vocational training, productive work, counseling, recognized therapies, and programs that are not experimental in nature. (b) “Biomedical research” means research relating to or involving biological, medical, or physical science. Biomedical research does not include the accumulation of statistical data in the assessment of the effectiveness of nonexperimental public health programs or treatment programs in which inmates routinely participate. (c) “Psychotropic drug” means a drug that has the capability of changing or controlling mental functioning or behavior through direct pharmacological action. These drugs include, but are not limited to, antipsychotic, antianxiety, sedative, antidepressant, and stimulant drugs. Psychotropic drugs also include mind-altering and behavior-altering drugs that, in specified dosages, are used to alleviate certain physical disorders, and drugs that are ordinarily used to alleviate certain physical disorders but may, in specified dosages, have mind-altering or behavior-altering effects. (d) “Research” means a class of activities designed to develop or contribute to generalizable knowledge, including theories, principles, or relationships, or the accumulation of data on which they may be based, that can be corroborated by accepted scientific observation and inferences. (e) “Research protocol” means a formal document setting forth the explicit objectives of a research project and the procedures of investigation designed to reach those objectives. (f) “Phase I drug” means a drug that is designated as a phase I drug for testing purposes under the federal Food and Drug Administration criteria in Part 312 of Subchapter D of Chapter I of Title 21 of the Code of Federal Regulations. (Amended by Stats. 2016, Ch. 197, Sec. 1. (SB 1238) Effective January 1, 2017.)
  57. 3501.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    Competent adults have a fundamental right to decide whether to participate in behavioral research.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. ) ## 3501. The Legislature affirms the fundamental right of competent adults to make decisions about their participation in behavioral research. (Amended by Stats. 1985, Ch. 1553, Sec. 1.5.)
  58. 3502.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    Biomedical research is generally banned on prisoners in this state, but records-based biomedical research using existing information and no prospective human-subject interaction may be allowed. Use or disclosure of individually identifiable records needs committee approval and either the prisoner’s written authorization or permission under federal regulation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. ) ## 3502. (a) Biomedical research shall not be conducted on any prisoner in this state. (b) Notwithstanding subdivision (a), records-based biomedical research using existing information, without prospective interaction with human subjects, may be conducted consistent with this title. The use or disclosure of individually identifiable records pursuant to this subdivision shall only occur after both of the following requirements have been met: (1) The research advisory committee established pursuant to Section 3369.5 of Title 15 of the California Code of Regulations approves of the use or disclosure. (2) The prisoner provides written authorization for the use or disclosure, or the use or disclosure is permitted by Section 164.512 of Title 45 of the Code of Federal Regulations. (Amended by Stats. 2016, Ch. 197, Sec. 2. (SB 1238) Effective January 1, 2017.)
  59. 3502.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. )

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    A physician treating prisoners may give a prisoner a drug or treatment available only through a treatment protocol or investigational new drug process if it is in the patient’s best medical interest and the prisoner has given informed consent.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. ) ## 3502.5. (a) Notwithstanding Section 3502, any physician who provides medical care to prisoners may provide a patient who is a prisoner with a drug or treatment available only through a treatment protocol or treatment IND (investigational new drug), as defined in Section 312 of Title 21 of the Code of Federal Regulations, if the physician determines that access to that drug is in the best medical interest of the patient, and the patient has given informed consent under Section 3521. (b) Notwithstanding any other provision of law, neither a public entity nor a public employee shall be liable for any injury caused by the administration of a drug pursuant to subdivision (a), where the administration is made in accordance with a treatment IND or a treatment protocol as defined in Section 312 of Title 21 of the Code of Federal Regulations. (Amended by Stats. 1995, Ch. 70, Sec. 1. Effective January 1, 1996.)
  60. 3504.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    A prisoner’s physical or mental injury from behavioral research must be treated promptly and continuously until cured.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. ) ## 3504. Any physical or mental injury of a prisoner resulting from the participation in behavioral research, irrespective of causation of such injury, shall be treated promptly and on a continuing basis until the injury is cured. (Amended by Stats. 1985, Ch. 1553, Sec. 5.)
  61. 3505.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    Behavioral research can proceed without informed consent only if the department decides consent is unnecessary or would significantly hinder the research; otherwise informed consent is required.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. ) ## 3505. Behavioral research shall be limited to studies of the possible causes, effects and processes of incarceration and studies of prisons as institutional structures or of prisoners as incarcerated persons which present minimal or no risk and no more than mere inconvenience to the subjects of the research. Informed consent shall not be required for participation in behavioral research when the department determines that it would be unnecessary or significantly inhibit the conduct of such research. In the absence of such determination, informed consent shall be required for participation in behavioral research. (Amended by Stats. 1985, Ch. 1553, Sec. 6.)
  62. 3508.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    Behavioral modification techniques may be used only if they are medically and socially acceptable and do not cause permanent physical or psychological injury.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. ) ## 3508. Behavioral modification techniques shall be used only if such techniques are medically and socially acceptable means by which to modify behavior and if such techniques do not inflict permanent physical or psychological injury. (Added by Stats. 1977, Ch. 1250.)
  63. 3509.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    This section preserves the authority of officials or agencies to make and enforce prisoner rules, as long as those rules are consistent with this title.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5] ( Chapter 2 added by Stats. 1977, Ch. 1250. ) ## 3509.5. Nothing in this title is intended to diminish the authority of any official or agency to adopt and enforce rules pertaining to prisoners, so long as such rules are not inconsistent with this title. (Added by Stats. 1977, Ch. 1250.)
  64. 3515.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    The department must determine whether prisoner research meets several safeguards, including acceptable risk-benefit balance, protection of rights and welfare, fair subject selection, compensation for research injury, comparable remuneration, timely review, and valid informed consent.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. ) ## 3515. The duties of the department are to determine: (a) That the risks to the prisoners consenting to research are outweighed by the sum of benefits to the prisoners and the importance of the knowledge to be gained. (b) That the rights and welfare of the prisoners are adequately protected, including the security of any confidential personal information. (c) That the procedures for selection of prisoners are equitable and that subjects are not unjustly deprived of the opportunity to participate. (d) That adequate provisions have been made for compensating research related injury. (e) That the rate of remuneration is comparable to that received by nonprisoner volunteers in similar research. (f) That the conduct of the activity will be reviewed at timely intervals. (g) That legally effective informed consent will be obtained by adequate and appropriate methods. (Amended by Stats. 1985, Ch. 1553, Sec. 15.)
  65. 3516.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    Behavioral research may not be conducted on any prisoner in this state unless the department has made a determination consistent with the title.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. ) ## 3516. No behavioral research shall be conducted on any prisoner in this state in the absence of a determination by the department consistent with this title. (Amended by Stats. 1985, Ch. 1553, Sec. 16.)
  66. 3517.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    The department must adopt regulations needed to administer this title, submit the regulations for committee review, and wait 60 days after submission before they become operative.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. ) ## 3517. The department shall promulgate rules and regulations reasonably necessary for the effective administration of the provisions of this title. Action on proposals submitted shall be taken within 60 days. The regulations shall be submitted to the Joint Legislative Prison Committee for review and shall not become operative until 60 days after submission. (Amended by Stats. 1985, Ch. 1553, Sec. 17.)
  67. 3518.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    The department must issue rules and regulations setting out procedures for people who have grievances about a research program covered by this title.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. ) ## 3518. The department shall promulgate rules and regulations prescribing procedures to be followed by any person who has a grievance concerning the operation of any particular research program conducted pursuant to this title. (Amended by Stats. 1985, Ch. 1553, Sec. 18.)
  68. 3519.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    The department must evaluate the impact of approved human-subjects research under this title, including any adverse reactions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. ) ## 3519. The department shall evaluate the impact of research on human subjects approved and conducted pursuant to this title, including any adverse reactions. (Amended by Stats. 1985, Ch. 1553, Sec. 19.)
  69. 351a

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

    Verify source ↗

    It is a misdemeanor to sell or offer goods while falsely claiming they are made by someone else, and it also covers knowingly allowing an employee to do so; an exception applies with written consent for selling another maker’s product under your own name or brand.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 351a. Any person who sells, attempts to sell, offers for sale or assists in the sale of any goods, product or output, and who willfully and falsely represents such goods, product or output to be the goods, product or output of any dealer, manufacturer or producer, other than the true dealer, manufacturer or producer, or any member of a firm or any officer of a corporation, who knowingly permits any employee of such firm or corporation to sell, offer for sale or assist in the sale of any goods, product or output or to falsely represent such goods, product or output to be the goods, product or output of any dealer, manufacturer or producer, other than the true dealer, manufacturer or producer, is guilty of a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) or more than six hundred dollars ($600), or by imprisonment in the county jail for not less than 20 or more than 90 days, or both. This section shall not apply to any person who sells or offers for sale under his own name or brand the product or output of another manufacturer or producer with the written consent of such manufacturer or producer. (Amended by Stats. 1983, Ch. 1092, Sec. 271. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  70. 3520.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    The department must file a report by January 1 of each odd-numbered year reviewing each approved and conducted research program, and it must send the report to the Legislature and make it public.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 3. Administration [3515 - 3520] ( Chapter 3 added by Stats. 1977, Ch. 1250. ) ## 3520. The department shall make a report due on or before January 1 of each odd-numbered year containing a review of each research program which has been approved and conducted. The report shall be transmitted to the Legislature and shall be made available to the public. (Amended by Stats. 2003, Ch. 468, Sec. 19. Effective January 1, 2004.)
  71. 3521.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 4. Prisoners’ Rights as Research Subjects [3521 - 3523] ( Chapter 4 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    A prisoner’s consent counts as informed consent only if specific anti-coercion and disclosure requirements 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 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 4. Prisoners’ Rights as Research Subjects [3521 - 3523] ( Chapter 4 added by Stats. 1977, Ch. 1250. ) ## 3521. For the purposes of this title, a prisoner shall be deemed to have given his informed consent only if each of the following conditions are satisfied: (a) Consent is given without duress, coercion, fraud, or undue influence. (b) The prisoner is informed in writing of the potential risks or benefits, or both, of the proposed research. (c) The prisoner is informed orally and in writing in the language in which the subject is fluent of each of the following: (1) An explanation of the biomedical or behavioral research procedures to be followed and their purposes, including identification of any procedures which are experimental. (2) A description of all known attendant discomfort and risks reasonably to be expected. (3) A disclosure of any appropriate alternative biomedical or behavioral research procedures that might be advantageous for the subject. (4) The nature of the information sought to be gained by the experiment. (5) The expected recovery time of the subject after completion of the experiment. (6) An offer to answer any inquiries concerning the applicable biomedical or behavioral research procedures. (7) An instruction that the person is free to withdraw his consent and to discontinue participation in the research at any time without prejudice to the subject. (Added by Stats. 1977, Ch. 1250.)
  72. 3522.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 4. Prisoners’ Rights as Research Subjects [3521 - 3523] ( Chapter 4 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    When the required Section 3521(b) writing is given to a prisoner, the prisoner must also receive written information about the amount of pay for the research and how to get prompt treatment for any research-related injury.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 4. Prisoners’ Rights as Research Subjects [3521 - 3523] ( Chapter 4 added by Stats. 1977, Ch. 1250. ) ## 3522. At the time of furnishing a prisoner the writing required by subdivision (b) of Section 3521, the prisoner shall also be given information as to (a) the amount of remuneration the prisoner will receive for the research and (b) the manner in which the prisoner may obtain prompt treatment for any research-related injuries. Such information shall be provided in writing on a form to be retained by the prisoner. (Added by Stats. 1977, Ch. 1250.)
  73. 3523.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 4. Prisoners’ Rights as Research Subjects [3521 - 3523] ( Chapter 4 added by Stats. 1977, Ch. 1250. )

    Verify source ↗

    The remuneration for prisoner research subjects must be comparable to what nonprisoner volunteers receive in similar research.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 4. Prisoners’ Rights as Research Subjects [3521 - 3523] ( Chapter 4 added by Stats. 1977, Ch. 1250. ) ## 3523. The amount of such remuneration shall be comparable to that which is paid to nonprisoner volunteers in similar research. (Added by Stats. 1977, Ch. 1250.)
  74. 3524.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 5. Remedies [3524- 3524.] ( Chapter 5 added by Stats. 1977, Ch. 1250. )

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    A prisoner may sue for injury caused by wrongful or negligent acts during participation in biomedical or behavioral research, and heirs or personal representatives may sue for a prisoner’s death caused by another’s wrongful act or neglect.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524] ( Title 2.1 added by Stats. 1977, Ch. 1250. ) ## CHAPTER 5. Remedies [3524- 3524.] ( Chapter 5 added by Stats. 1977, Ch. 1250. ) ## 3524. (a) A prisoner may maintain an action for injury to such prisoner, including physical or mental injury, or both, caused by the wrongful or negligent act of a person during the course of the prisoner’s participation in biomedical or behavioral research conducted pursuant to this title. (b) In any action pursuant to this section, such damages may be awarded as under all of the circumstances of the case may be just. (c) When the death of a prisoner is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or if dead, such person’s personal representatives. (d) If an action arising out of the same wrongful act or neglect may be maintained pursuant to subdivision (c) for wrongful death to any such prisoner, the action authorized by subdivision (a) shall be consolidated therewith for trial on motion of any interested party. (e) For the purposes of this section, “heirs” mean only the following: (1) Those persons who would be entitled to succeed to the property of the decedent according to the provisions of Part 2 (commencing with Section 6400) of Division 6 of the Probate Code, and (2) Whether or not qualified under paragraph (1), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, and parents. As used in this paragraph, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid. (Amended by Stats. 1983, Ch. 842, Sec. 16. Operative January 1, 1985, by Sec. 58 of Ch. 842.)
  75. 355.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person who alters wrecked-property markings to hide identity, or destroys/suppresses ownership documents, 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 355. Every person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof, with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading, or other document tending to show the ownership, is guilty of a misdemeanor. (Enacted 1872.)
  76. 3550.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 2.3. MEDICAL PAROLE [3550- 3550.] ( Title 2.3 added by Stats. 2010, Ch. 405, Sec. 2. )

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    This section allows medical parole for a prisoner who meets strict medical criteria and is not a public-safety threat, and it sets out review, notice, and supervision 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 2.3. MEDICAL PAROLE [3550- 3550.] ( Title 2.3 added by Stats. 2010, Ch. 405, Sec. 2. ) ## 3550. (a) Notwithstanding any other law, except as provided in subdivision (b), if the head physician of an institution in which a prisoner is incarcerated determines, as provided in this section, that the prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour care, and that incapacitation did not exist at the time of sentencing, the prisoner shall be granted medical parole if the Board of Parole Hearings determines that the conditions under which he or she would be released would not reasonably pose a threat to public safety. (b) This section does not alter or diminish the rights conferred under the Victims’ Bill of Rights Act of 2008 (Marsy’s Law). Subdivision (a) does not apply to any of the following: (1) A prisoner sentenced to death or life in prison without possibility of parole. (2) A prisoner who is serving a sentence for which parole, pursuant to subdivision (a), is prohibited by any initiative statute. (3) A prisoner who 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 his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties. (c) When a physician employed by the Department of Corrections and Rehabilitation who is the primary care provider for a prisoner identifies a prisoner that he or she believes meets the medical criteria for medical parole specified in subdivision (a), the primary care physician shall recommend to the head physician of the institution where the prisoner is located that the prisoner be referred to the Board of Parole Hearings for consideration for medical parole. Within 30 days of receiving that recommendation, if the head physician of the institution concurs in the recommendation of the primary care physician, he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department, and if the head physician of the institution does not concur in the recommendation, he or she shall provide the primary care physician with a written explanation of the reasons for denying the referral. (d) Notwithstanding any other provisions of this section, the prisoner or his or her family member or designee may independently request consideration for medical parole by contacting the head physician at the prison or the department. Within 30 days of receiving the request, the head physician of the institution shall, in consultation with the prisoner’s primary care physician, make a determination regarding whether the prisoner meets the criteria for medical parole as specified in subdivision (a) and, if the head physician of the institution determines that the prisoner satisfies the criteria set forth in subdivision (a), he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department. If the head physician of the institution does not concur in the recommendation, he or she shall provide the prisoner or his or her family member or designee with a written explanation of the reasons for denying the application. (e) The Department of Corrections and Rehabilitation shall complete parole plans for inmates referred to the Board of Parole Hearings for medical parole consideration. The parole plans shall include, but not be limited to, the inmate’s plan for residency and medical care. (f) Notwithstanding any other law, medical parole hearings shall be conducted by two-person panels consisting of at least one commissioner. In the event of a tie vote, the matter shall be referred to the full board for a decision. Medical parole hearings may be heard in absentia. (g) Upon receiving a recommendation from the head physician of the institution where a prisoner is located for the prisoner to be granted medical parole pursuant to subdivision (c) or (d), the board, as specified in subdivision (f), shall make an independent judgment regarding whether the conditions under which the inmate would be released pose a reasonable threat to public safety, and make written findings related thereto. (h) Notwithstanding any other law, the board or the Division of Adult Parole Operations shall have the authority to impose any reasonable conditions on prisoners subject to medical parole supervision pursuant to subdivision (a), including, but not limited to, the requirement that the parolee submit to electronic monitoring. As a further condition of medical parole, pursuant to subdivision (a), the parolee may be required to submit to an examination by a physician selected by the board for the purpose of diagnosing the parolee’s current medical condition. In the event such an examination takes place, a report of the examination and diagnosis shall be submitted to the board by the examining physician. If the board determines, based on that medical examination, that the person’s medical condition has improved to the extent that the person no longer qualifies for medical parole, the board shall return the person to the custody of the department. (1) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to a determinate term who is placed on medical parole supervision prior to the earliest possible release date and who remains eligible for medical parole, shall remain on medical parole, pursuant to subdivision (a), until that earliest possible release date, at which time the parolee shall commence serving that period of parole provided by, and under the provisions of, Chapter 8 (commencing with Section 3000) of Title 1. (2) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to an indeterminate term who is placed on medical parole supervision prior to the prisoner’s minimum eligible parole date, and who remains eligible for medical parole, shall remain on medical parole pursuant to subdivision (a) until that minimum eligible parole date, at which time the parolee shall be eligible for parole consideration under all other provisions of Chapter 8 (commencing with Section 3000) of Title 1. (i) The Department of Corrections and Rehabilitation shall, at the time a prisoner is placed on medical parole supervision pursuant to subdivision (a), ensure that the prisoner has applied for any federal entitlement programs for which the prisoner is eligible, and has in his or her possession a discharge medical summary, full medical records, parole medications, and all property belonging to the prisoner that was under the control of the department. Any additional records shall be sent to the prisoner’s forwarding address after release to health care-related parole supervision. (j) The provisions for medical parole set forth in this title shall not affect an inmate’s eligibility for any other form of parole or release provided by law. (k) (1) Notwithstanding any other law, the Department of Corrections and Rehabilitation shall give notice to the county of commitment and the proposed county of release, if that county is different than the county of commitment, of any medical parole hearing as described in subdivision (f), and of any medical parole release as described in subdivision (g). (2) Notice shall be made at least 30 days, or as soon as feasible, prior to the time any medical parole hearing or medical parole release is scheduled for an inmate receiving medical parole consideration, regardless of whether the inmate is sentenced either determinately or indeterminately. (Amended by Stats. 2016, Ch. 886, Sec. 2. (SB 6) Effective January 1, 2017.)
  77. 356.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person commits a misdemeanor if they tamper with marks on logs, lumber, or wood, or place a false mark on them, with the intent to stop the owner from identifying 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 356. Every person who cuts out, alters, or defaces any mark made upon any log, lumber, or wood, or puts a false mark thereon with intent to prevent the owner from discovering its identity, is guilty of a misdemeanor. (Enacted 1872.)
  78. 359.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person authorized to solemnize marriage must not willfully and knowingly solemnize a marriage that is incestuous or otherwise forbidden by law.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 359. Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous or other marriage forbidden by law, is punishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the County Jail not less than three months nor more than one year, or by both. (Enacted 1872.)
  79. 360.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    People authorized to solemnize marriages must follow the license and authorization requirements, and anyone who willfully files a false marriage return or makes a false marriage record 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 360. Every person authorized to solemnize any marriage, who solemnizes a marriage without first being presented with the marriage license, as required by Section 421 of the Family Code; or who solemnizes a marriage pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code without the authorization required by that part; or who willfully makes a false return of any marriage or pretended marriage to the recorder or clerk and every person who willfully makes a false record of any marriage return, is guilty of a misdemeanor. (Amended by Stats. 2001, Ch. 39, Sec. 11. Effective January 1, 2002.)
  80. 3600.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    People sentenced to death must be delivered to the designated prison warden, kept in a California prison until execution, and returned there after an execution date is set. The department may move the inmate to another prison if it deems the security level sufficient.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3600. Every male person, upon whom has been imposed the judgment of death, shall be delivered to the warden of the California state prison designated by the department for the execution of the death penalty. The inmate shall be kept in a California prison until execution of the judgment. The department may transfer the inmate to another prison which it determines to provide a level of security sufficient for that inmate. The inmate shall be returned to the prison designated for execution of the death penalty after an execution date has been set. (Amended November 8, 2016, by initiative Proposition 66, Sec. 9.)
  81. 3601.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    Female persons sentenced to death must be delivered to the warden of the Central California Women’s Facility and held there pending appeal.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3601. Every female person, upon whom has been imposed the judgment of death, shall be delivered to the warden of the Central California Women’s Facility, there to be held pending decision upon appeal. (Amended by Stats. 1991, Ch. 1016, Sec. 1.)
  82. 3602.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    After her appeal is affirmed, a female person sentenced to death must be delivered to the designated warden, but not earlier than three days before execution day.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3602. Upon the affirmance of her appeal, the female person sentenced to death shall thereafter be delivered to the warden of the California state prison designated by the department for the execution of the death penalty, not earlier than three days before the day upon which judgment is to be executed; provided, however, that in the event of a commutation of sentence said female prisoner shall be returned to the Central California Women’s Facility, there to be confined pursuant to such commutation. (Amended by Stats. 2005, Ch. 279, Sec. 14. Effective January 1, 2006.)
  83. 3603.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    A judgment of death must be carried out inside the walls of the California State Prison at San Quentin.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3603. The judgment of death shall be executed within the walls of the California State Prison at San Quentin. (Amended by Stats. 1992, Ch. 558, Sec. 1. Effective January 1, 1993.)
  84. 3604.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    This section says death sentences are carried out by lethal gas or lethal injection, and the person sentenced to death may choose between those methods in writing. If no choice is made within 10 days after service of the execution warrant, lethal injection applies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3604. (a) The punishment of death shall be inflicted by the administration of a lethal gas or by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, by standards established under the direction of the Department of Corrections and Rehabilitation. (b) Persons sentenced to death prior to or after the operative date of this subdivision shall have the opportunity to elect to have the punishment imposed by lethal gas or lethal injection. This choice shall be made in writing and shall be submitted to the warden pursuant to regulations established by the Department of Corrections and Rehabilitation. If a person under sentence of death does not choose either lethal gas or lethal injection within 10 days after the warden’s service upon the inmate of an execution warrant issued following the operative date of this subdivision, the penalty of death shall be imposed by lethal injection. (c) Where the person sentenced to death is not executed on the date set for execution and a new execution date is subsequently set, the inmate again shall have the opportunity to elect to have punishment imposed by lethal gas or lethal injection, according to the procedures set forth in subdivision (b). (d) Notwithstanding subdivision (b), if either manner of execution described in subdivision (a) is held invalid, the punishment of death shall be imposed by the alternative means specified in subdivision (a). (e) The Department of Corrections and Rehabilitation, or any successor agency with the duty to execute judgments of death, shall maintain at all times the ability to execute such judgments. (Amended November 8, 2016, by initiative Proposition 66, Sec. 10.)
  85. 3604.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    This section sets rules for death-penalty execution standards, notice, court review, and limited exceptions to execution methods.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3604.1. (a) The Administrative Procedure Act shall not apply to standards, procedures, or regulations promulgated pursuant to Section 3604. The department shall make the standards adopted under subdivision (a) of that section available to the public and to inmates sentenced to death. The department shall promptly notify the Attorney General, the State Public Defender, and counsel for any inmate for whom an execution date has been set or for whom a motion to set an execution date is pending of any adoption or amendment of the standards. Noncompliance with this subdivision is not a ground for stay of an execution or an injunction against carrying out an execution unless the noncompliance has actually prejudiced the inmate’s ability to challenge the standard, and in that event the stay shall be limited to a maximum of 10 days. (b) Notwithstanding subdivision (a) of Section 3604, an execution by lethal injection may be carried out by means of an injection other than intravenous if the warden determines that the condition of the inmate makes intravenous injection impractical. (c) The court which rendered the judgment of death has exclusive jurisdiction to hear any claim by the condemned inmate that the method of execution is unconstitutional or otherwise invalid. Such a claim shall be dismissed if the court finds its presentation was delayed without good cause. If the method is found invalid, the court shall order the use of a valid method of execution. If the use of a method of execution is enjoined by a federal court, the Department of Corrections and Rehabilitation shall adopt, within 90 days, a method that conforms to federal requirements as found by that court. If the department fails to perform any duty needed to enable it to execute the judgment, the court which rendered the judgment of death shall order it to perform that duty on its own motion, on motion of the District Attorney or Attorney General, or on motion of any victim of the crime as defined in subdivision (e) of Section 28 of Article I of the California Constitution. (Added November 8, 2016, by initiative Proposition 66, Sec. 11.)
  86. 3604.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    This section lets a physician attend an execution and advise the department, allows certain pharmaceutical suppliers to dispense needed drugs and supplies without a prescription, and bars health-care regulators from disciplining licensed professionals for actions authorized here.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3604.3. (a) A physician may attend an execution for the purpose of pronouncing death and may provide advice to the department for the purpose of developing an execution protocol to minimize the risk of pain to the inmate. (b) The purchase of drugs, medical supplies or medical equipment necessary to carry out an execution shall not be subject to the provisions of Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code, and any pharmacist, or supplier, compounder, or manufacturer of pharmaceuticals is authorized to dispense drugs and supplies to the secretary or the secretary’s designee, without prescription, for carrying out the provisions of this chapter. (c) No licensing board, department, commission, or accreditation agency that oversees or regulates the practice of health care or certifies or licenses health care professionals may deny or revoke a license or certification, censure, reprimand, suspend, or take any other disciplinary action against any licensed health care professional for any action authorized by this section. (Added November 8, 2016, by initiative Proposition 66, Sec. 12.)
  87. 3605.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3605. (a) The warden of the state prison where the execution is to take place shall be present at the execution and shall, subject to any applicable requirement or definition set forth in subdivision (b), invite the presence of the Attorney General, the members of the immediate family of the victim or victims of the defendant, and at least 12 reputable citizens, to be selected by the warden. The warden shall, at the request of the defendant, permit those ministers of the Gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with those peace officers or any other Department of Corrections employee as he or she may think expedient, to witness the execution. But no other persons than those specified in this section may be present at the execution, nor may any person under 18 years of age be allowed to witness the execution. (b) (1) For purposes of an invitation required by subdivision (a) to members of the immediate family of the victim or victims of the defendant, the warden of the state prison where the execution is to take place shall make the invitation only if a member of the immediate family of the victim or victims of the defendant so requests in writing. In the event that a written request is made, the warden of the state prison where the execution is to take place shall automatically make the invitation 30 days prior to the date of an imminent execution or as close to this date as practicable. (2) For purposes of this section, “immediate family” means those persons who are related by blood, adoption, or marriage, within the second degree of consanguinity or affinity. (c) No physician or any other person invited pursuant to this section, whether or not employed by the Department of Corrections, shall be compelled to attend the execution, and any physician’s attendance shall be voluntary. A physician’s or any other person’s refusal to attend the execution shall not be used in any disciplinary action or negative job performance citation. (Amended by Stats. 2001, Ch. 71, Sec. 1. Effective January 1, 2002.)
  88. 3607.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. )

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    After an execution, the warden must send a return on the death warrant to the clerk of the court and include the time, mode, and manner of the execution.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Executing Death Penalty [3600 - 3607] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 3607. After the execution, the warden must make a return upon the death warrant to the clerk of the court by which the judgment was rendered, showing the time, mode, and manner in which it was executed. (Amended by Stats. 2002, Ch. 784, Sec. 561. Effective January 1, 2003.)
  89. 362.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    An officer or person served with a writ of habeas corpus must obey it after service, or the person 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 362. Every officer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or refuses to obey the command thereof, is guilty of a misdemeanor. (Enacted 1872.)
  90. 363.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person must not knowingly and unlawfully recommit, imprison, or restrain someone who has been released on habeas corpus for the same cause; 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 363. Every person who, either solely or as member of a Court, knowingly and unlawfully recommits, imprisons, or restrains of his liberty, for the same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a misdemeanor. (Enacted 1872.)
  91. 364.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person who holds someone subject to a habeas corpus writ must not move, conceal, or transfer that person to evade the writ or the issuing court’s authority.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 364. Every person having in his custody, or under his restraint or power, any person for whose relief a writ of habeas corpus has been issued, who, with the intent to elude the service of such writ or to avoid the effect thereof, transfers such person to the custody of another, or places him under the power or control of another, or conceals or changes the place of his confinement or restraint, or removes him without the jurisdiction of the Court or Judge issuing the writ, is guilty of a misdemeanor. (Enacted 1872.)
  92. 365.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    Covered persons may not refuse, without just cause or excuse, to receive and entertain a guest or to receive and carry a passenger.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 365. Every person, and every agent or officer of any corporation carrying on business as an innkeeper, or as a common carrier of passengers, who refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, is guilty of a misdemeanor. However, an innkeeper who has proceeded as authorized by Section 1865 of the Civil Code shall be rebuttably presumed to have acted with just cause or excuse for purposes of this section. (Amended by Stats. 1999, Ch. 354, Sec. 3. Effective January 1, 2000.)
  93. 365.5.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    People with guide, signal, or service dogs have access and transportation rights, and others may not block those rights or charge extra 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 365.5. (a) Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state, shall be entitled to have with him or her a specially trained guide dog, signal dog, or service dog. (b) No blind person, deaf person, or disabled person and his or her specially trained guide dog, signal dog, or service dog shall be denied admittance to accommodations, advantages, facilities, medical facilities, including hospitals, clinics, and physicians’ offices, telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited within this state because of that guide dog, signal dog, or service dog. (c) Any person, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who prevents a disabled person from exercising, or interferes with a disabled person in the exercise of, the rights specified in this section is guilty of a misdemeanor, punishable by a fine not exceeding two thousand five hundred dollars ($2,500). (d) As used in this section, “guide dog” means any guide dog or Seeing Eye dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or that meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336). (e) As used in this section, “signal dog” means any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds. (f) As used in this section, “service dog” means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items. (g) (1) Nothing in this section is intended to affect any civil remedies available for a violation of this section. (2) This section is intended to provide equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435). (h) The exercise of rights specified in subdivisions (a) and (b) by any person may not be conditioned upon payment of any extra charge, provided that the person shall be liable for any provable damage done to the premises or facilities by his or her dog. (i) Any trainer or individual with a disability may take dogs in any of the places specified in subdivisions (a) and (b) for the purpose of training the dogs as guide dogs, signal dogs, or service dogs. The person shall ensure that the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk or animal control department as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog. (Amended by Stats. 1996, Ch. 498, Sec. 6. Effective January 1, 1997.)
  94. 365.6.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person must not, without legal justification, intentionally interfere with a guide, signal, or service dog or mobility aid by harassing or obstructing the user or animal/device.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 365.6. (a) Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing the guide, signal, or service dog or mobility aid user or his or her guide, signal, or service dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500), or both that fine and imprisonment. (b) As used in this section, the following definitions shall apply: (1) “Mobility aid” means any device enabling a person with a disability, as defined in subdivision (b) of Section 54 of the Civil Code, to travel independently, including, but not limited to, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, a wheelchair, walker or white cane. (2) “Guide, signal, or service dog” means any dog trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, or fetching dropped items. (c) Nothing in this section is intended to affect any civil remedies available for a violation of this section. (Amended by Stats. 2004, Ch. 322, Sec. 1. Effective January 1, 2005.)
  95. 365.7.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    A person may not falsely claim to be the owner or trainer of a licensed, qualified, or identified guide, signal, or service dog; 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 365.7. (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) As used in this section, “owner” means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog. (Added by Stats. 1994, Ch. 1257, Sec. 12. Effective January 1, 1995.)
  96. 367f

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    It is unlawful to buy, receive, sell, promote, or otherwise transfer human organs for transplantation for valuable consideration, and also unlawful to remove or transplant an organ knowing it was obtained or will be transferred or sold for that consideration.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 367f. (a) Except as provided in subdivisions (d) and (e), it shall be unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration. (b) Except as provided in subdivisions (d), (e), and (f), it shall be unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a). (c) For purposes of this section, the following definitions apply: (1) “Human organ” includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm. (2) “Valuable consideration” means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ. (d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section. (e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons’ next-of-kin who assisted in obtaining the organ for purposes of transplantations. (f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions. (g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. (Amended by Stats. 2021, Ch. 211, Sec. 2. (AB 1374) Effective January 1, 2022.)
  97. 367g

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. )

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    Using or implanting sperm, ova, or embryos in assisted reproduction technology without the required written consent is unlawful.

    ## 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 12. Other Injuries to Persons [346 - 367g] ( Chapter 12 enacted 1872. ) ## 367g. (a) It shall be unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo provider’s signature on a written consent form. (b) It shall be unlawful for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. (c) Any person who violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. (d) Written consent, for the purposes of this section, shall not be required of men who donate sperm to a licensed tissue bank. (Amended by Stats. 2011, Ch. 15, Sec. 335. (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.)
  98. 368.

    ## 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. )

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    This section criminalizes abuse, neglect, theft-related conduct, and false imprisonment involving elders and dependent adults, and sets related penalties and sentencing options.

    ## 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. ) ## 368. (a) The Legislature finds and declares that elders, adults whose physical or mental disabilities or other limitations restrict their ability to carry out normal activities or to protect their rights, and adults admitted as inpatients to a 24-hour health facility deserve special consideration and protection. (b) (1) A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which their person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. (2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: (A) Three years if the victim is under 70 years of age. (B) Five years if the victim is 70 years of age or older. (3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: (A) Five years if the victim is under 70 years of age. (B) Seven years if the victim is 70 years of age or older. (c) A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which their person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (d) A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: (1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). (2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). (e) A caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: (1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). (2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). (f) A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (g) As used in this section, “elder” means a person who is 65 years of age or older. (h) As used in this section, “dependent adult” means a person, regardless of whether the person lives independently, who is between the ages of 18 and 64, who has physical or mental limitations which restrict their ability to carry out normal activities or to protect their rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes a person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (i) As used in this section, “caretaker” means a person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. (j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for a single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for a single offense. (k) In any case in which a person is convicted of violating these provisions, the court may require them to receive appropriate counseling as a condition of probation. A defendant ordered to be placed in a counseling program shall be responsible for paying the expense of participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of the inability to pay. (l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, the safety of the victim and their immediate family, and the information provided to the court pursuant to Section 273.75. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. (Amended by Stats. 2024, Ch. 538, Sec. 5. (AB 2907) Effective January 1, 2025.)
  99. 368.5.

    ## 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. )

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    Local and state law enforcement agencies may investigate elder abuse cases, and local agencies must add specified elder-abuse information to their policy manuals when they next revise 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. ) ## 368.5. (a) Local law enforcement agencies and state law enforcement agencies with jurisdiction have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities. (b) Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies’ request, if consistent with federal law; however, law enforcement agencies retain exclusive responsibility for criminal investigations, notwithstanding any law to the contrary. (c) (1) Every local law enforcement agency shall, when the agency next undertakes the policy revision process, revise or include in the portion of its policy manual relating to elder and dependent adult abuse, if that policy manual exists, the following information: (A) The elements of the offense specified in subdivision (c) of Section 368. (B) The elements of the offense specified in subdivision (f) of Section 368. (C) The requirement, pursuant to subdivisions (a) and (b), that law enforcement agencies have the responsibility for criminal investigations of elder and dependent adult abuse and criminal neglect; however, adult protective services agencies and long-term care ombudsman programs have authority to investigate incidents of elder and dependent adult abuse and neglect and may, if requested and consistent with federal law, assist law enforcement agencies with criminal investigations. (D) As a guideline to investigators and first responders, the definition of elder and dependent adult abuse, as defined in subparagraph (A) of paragraph (2). (2) As used in this subdivision, the following terms have the following meanings: (A) (i) “Elder and dependent adult abuse” means any of the following: (I) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (II) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (III) Financial abuse. (ii) For the purposes of this subparagraph, the terms “abandonment,” “abduction,” “financial abuse,” “goods and services necessary to avoid physical harm or mental suffering,” “isolation,” “mental suffering,” “neglect,” and “physical abuse” have the same meanings as in Article 2 (commencing with Section 15610) of Chapter 11 of Part 3 of Division 9 of the Welfare and Institutions Code. (B) “Local law enforcement agency” means every municipal police department and county sheriffs’ department. (C) “Policy manual” means any general orders, patrol manual, duty manual, or other written document or collection of documents that provides field or investigative personnel with policies, procedures, or guidelines for responding to or investigating crimes, complaints, or incidents. (Amended by Stats. 2020, Ch. 247, Sec. 1. (SB 1123) Effective January 1, 2021.)
  100. 368.6.

    ## 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. )

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    Local law enforcement agencies may adopt a senior and disability victimization policy, and specified agencies that do so must include the listed policy items.

    ## 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. ) ## 368.6. (a) This section shall be known, and may be cited, as the Senior and Disability Justice Act. (b) As used in this section, the following definitions apply: (1) “Agency protocol” means a procedure adopted by a local law enforcement agency consistent with the agency’s organizational structure, and stated in a policy adopted pursuant to this section, to effectively and accountably carry out a particular agency responsibility. (2) “Caretaker” has the same meaning as defined in Section 368 and includes caretakers whether or not they are paid. (3) “Dependent adult” has the same meaning as defined in Section 368. (4) “Dependent person” has the same meaning as defined in Section 288. (5) “Disability” includes mental disability and physical disability as defined in Sections 12926 and 12926.1 of the Government Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, illness, or advanced age. (6) “Domestic violence” has the same meaning as defined in Section 13700 and includes a violation of Section 273.5. (7) “Elder” has the same meaning as defined in Section 368. (8) “Elder and dependent adult abuse” means a violation of Section 368 and includes physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm, pain, or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (9) “Hate crime” has the same meaning as set forth in Sections 422.55 and 422.56. (10) “Human trafficking” means a violation of Section 236.1. (11) “Local law enforcement agency” means every municipal police department and county sheriffs’ department. (12) “Mandated reporting requirements” means any of the following: (A) The requirements of Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4. (B) The requirements of Sections 15630 and 15630.1 and subdivision (d) of Section 15640 of the Welfare and Institutions Code concerning reporting of elder and dependent adult abuse. (C) The prohibitions on inhibiting or impeding reporting pursuant to the requirements in subparagraph (A) or (B). (13) “Senior and disability victimization” means any of the following: (A) Elder and dependent adult abuse. (B) Unlawful interference with a mandated report. (C) Homicide of an elder, dependent adult, or other adult or child with a disability. (D) Sex crimes against an elder, dependent adult, or other adult or child with a disability. (E) Child abuse of children with disabilities. (F) Violation of relevant protective orders. (G) Hate crimes against persons with actual or perceived disabilities, including, but not limited to, disabilities caused by advanced age, or those associated with them. (H) Domestic violence against an elder, dependent adult, or other adult or child with a disability, including any disability caused by advanced age. (14) “Relevant protective order” means an order by a California or out-of-state court, including, but not limited to, a tribal, federal, United States territorial, or United States military court, protecting an elder, dependent adult, dependent person, or other adult or child with a disability. (15) “Responsible agency” means a local, state, or federal agency with responsibilities concerning senior and disability victimization. This includes, but is not limited to, law enforcement agencies, adult protective services agencies, child protective services agencies, the Office of the State Long-Term Care Ombudsman and its designated local agencies, fire and emergency medical services, regional centers pursuant to the Lanterman Developmental Disabilities Services Act, elder and disability service agencies, sexual assault and domestic violence agencies, elder and dependent adult death review teams, local government human relations commissions, coroners, probate court investigators, public administrators, public guardians, public conservators, district attorney’s offices, city attorney’s offices or other prosecutors with jurisdiction, the Division of Medi-Cal Fraud and Elder Abuse, state licensing agencies, the United States Attorney’s offices, and the Federal Bureau of Investigation. (16) “Sex crime” means either of the following: (A) An offense requiring registration pursuant to the Sex Offender Registration Act. (B) A violation of Section 729 of the Business and Professions Code. (17) “State protection and advocacy agency” means the agency designated pursuant to Division 4.7 (commencing with Section 4900) of the Welfare and Institutions Code. (18) “Unlawful interference in a mandated report” includes, but is not limited to, inhibiting or impeding reporting in violation of the mandated reporting requirements or a violation of Section 136.1 that concerns the mandated reporting requirements. (c) Each local law enforcement agency may adopt a policy regarding senior and disability victimization. A municipal police department or county sheriffs’ department that adopts or revises a policy regarding elder and dependent adult abuse or senior and disability victimization on or after April 13, 2021, shall include, but not be limited to, all of the following items: (1) Information on the wide prevalence of elder and dependent adult abuse, sexual assault, other sex crimes, hate crimes, domestic violence, human trafficking, and homicide against adults and children with disabilities, including disabilities caused by advanced age, and including those crimes often committed by caretakers. (2) A statement of the agency’s commitment to providing equal protection and demonstrating respect for all persons regardless of age or disabilities, and to conscientiously enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless of whether these crimes also carry civil penalties. (3) The definitions and elements of the offenses specified in paragraph (2) of subdivision (b) of Section 288 and in subdivisions (c) and (f) of Section 368, noting that they protect many persons with disabilities regardless of the fact they live independently. (4) (A) The fact that elder and dependent adult abuse, sex crimes, child abuse, domestic violence, and any other criminal act, when committed in whole or in part because of the victim’s actual or perceived disability, including disability caused by advanced age, is also a hate crime. (B) In recognizing suspected disability-bias hate crimes, the policy shall instruct officers to consider whether there is any indication that the perpetrator committed the criminal act because of bias, including, but not limited to, the bias motivations described in subparagraphs (B) and (C) of paragraph (3) of subdivision (a) of Section 422.87. (5) An agency protocol and schedule for training officers with both of the following: (A) The training materials made available by the Commission on Peace Officer Standards and Training pursuant to Sections 13515, 13515.25, 13515.27, 13515.28, 13515.29, 13515.295, 13515.30, 13515.35, and 13519.2. In the case of the training materials identified in each of these sections, the agency protocol shall require the training for, at a minimum, the category of officers for whom that section states that the training is intended or required or, if the section does not state for whom the training material is required or intended, those officers identified pursuant to paragraph (16). (B) The agency’s policy pursuant to this section. (6) A requirement that when an officer intends to interview a victim or witness to an alleged crime and the victim or witness reports or demonstrates deafness or hearing loss, the officer first secure the services of an interpreter as defined in Section 754 of the Evidence Code. The agency shall have a protocol for securing the services of the interpreter to ensure accurate interpretation. (7) An agency protocol for providing appropriate training concerning the agency’s policy to dispatchers, community services officers, front desk personnel, and other civilian personnel who interact with the public. (8) (A) The fact that the agency requires officers to investigate every report of senior and disability victimization, and does not dismiss any reports as merely civil matters or for any other reason without an investigation. (B) An appendix to the policy describing the requirements for these investigations, including, but not limited to, all of the following: (i) An agency protocol or protocols for cooperating and collaborating whenever possible with the Division of Medi-Cal Fraud and Elder Abuse, other state law enforcement agencies with jurisdiction, adult and child protective services, local long-term care ombudsman programs, and, when appropriate, other responsible agencies. (ii) Appropriate techniques for interviewing potential victims and witnesses with cognitive or communication disabilities, including, but not limited to, avoiding repeated interviews when possible. (iii) The elements of the investigation, including, but not limited to, all of the following: (I) Checking prior reports received by adult or child protective services agencies, local long-term care ombudsman programs, except as provided in Section 9725 of the Welfare and Institutions Code, and any other responsible agencies. (II) Interviewing each alleged victim, each witness, and each suspect who is available. (III) Viewing all body-worn camera videos and all other films. (IV) Listening to all calls from mandated reports or other callers. (V) Making reasonable efforts to determine whether any person committed unlawful interference in a mandated report. (iv) An agency protocol for transmitting the crime report to the appropriate prosecution office if the law enforcement agency recommends prosecution. (v) If the agency deems it appropriate, the Investigation Response section and Addendum B of the San Diego County Elder and Dependent Adult Abuse Blueprint or the Elder Abuse Guide for Law Enforcement of the National Center on Elder Abuse at the University of Southern California. (9) (A) A statement that it is the agency’s policy to make arrests or to seek arrest warrants, in accordance with Section 836, and, in the case of domestic violence, as allowed by Section 13701. The policy shall also state the agency protocol for seeking those arrest warrants. (B) The agency protocol for arrests for senior and disability victimization other than domestic violence, which shall include, but not be limited to, the following requirements: (i) In the case of a senior and disability victimization committed in an officer’s presence, including, but not limited to, a violation of a relevant protective order, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others. (ii) In the case of a felony not committed in an officer’s presence, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others. (iii) In the case of a misdemeanor not committed in the officer’s presence, including, but not limited to, misdemeanor unlawful interference with a mandated report or a misdemeanor violation of a relevant protective order, or when necessary or advisable to protect the safety of the victim or others, the agency shall seek an arrest warrant based on probable cause. (iv) The policy shall state the agency protocol for seeking arrest warrants based on probable cause for crimes for which no arrest has been made. (10) The fact that senior and disability victimization crimes are also domestic violence subject to the mandatory arrest requirements of Section 836 if they meet the elements described in Section 273.5, including, but not limited to, a violation by a caretaker or other person who is or was a cohabitant of the victim, regardless of whether the cohabitant is or was a relative of, or in an intimate personal relationship with, the victim. (11) (A) The fact that many victims of sexual assault and other sex crimes delay disclosing the crimes for reasons including, but not limited to, shame, embarrassment, self-doubt, fear of being disbelieved, and fear of retaliation by the perpetrator or others. (B) An instruction pursuant to Sections 264.2 and 679.04 to notify potential victims of sex crimes that they have a right to have a support person of their choice present at all times. (12) The agency’s cross-reporting requirements, including, but not limited to, those pursuant to Section 15640 of the Welfare and Institutions Code, and an agency protocol for carrying out these cross-reporting requirements. (13) Mandated reporting requirements, including, but not limited to, officers’ mandated reporting responsibilities and an agency protocol for carrying out the officers’ mandated reporting responsibilities. (14) The fact that victims and witnesses with disabilities, including cognitive and communication disabilities, can be highly credible witnesses when interviewed appropriately by trained officers or other trained persons. (15) A procedure for first-responding officers to follow when interviewing persons with cognitive and communication disabilities until officers, or staff of other responsible agencies, with more advanced training, are available. The procedure shall include an instruction to avoid repeated interviews whenever possible. (16) The unit or office, or multiple units or offices of the agency, or the title or titles of an officer or officers, tasked with the following responsibilities: (A) Receiving advanced officer training on senior and disability victimization, available from the Commission on Peace Officer Standards and Training, the United States Department of Justice, the Disability and Abuse Project of the Spectrum Institute, or other sources. (B) Acting as a liaison to other responsible agencies to increase cooperation and collaboration among them while retaining the law enforcement agency’s exclusive responsibility for criminal investigations. (C) Reaching out to the senior and disability communities and to the public to encourage prevention and reporting of senior and disability victimization. (17) An agency protocol for seeking emergency protective orders by phone from a court at any time of the day or night pursuant to subdivision (d) of Section 6250 of the Family Code, including the court system telephone number for an officer to call, and a requirement that an officer utilize the agency protocol whenever necessary or advisable to protect a victim’s safety. (18) A requirement that all officers treat an unexplained or suspicious death of an elder, dependent adult, or other adult or child with a disability as a potential homicide until a complete investigation, including an autopsy, is completed, and not to assume that the death of an elder or person with a disability is natural simply because of the age or disability of the deceased. (19) A requirement that, whenever an officer verifies that a relevant protective order has been issued, the officer shall make reasonable efforts to determine if the order prohibits the possession of firearms or requires the relinquishment of firearms, and if the order does so, a requirement that the officer shall make reasonable efforts to do each of the following: (A) Inquire whether the restrained person possesses firearms. The officer may make this effort by asking the restrained person and the protected person. (B) Query through the California Law Enforcement Telecommunications System to determine if any firearms are registered to the restrained person. (C) Receive or seize prohibited firearms located in plain view or pursuant to a consensual or other lawful search, in compliance with Division 4 (commencing with Section 18250) of Title 2 of Part 6. (20) Civil remedies and resources available to victims, including, but not limited to, the program administered by the California Victim Compensation Board. (21) The complete contents of any model policy on senior and disability victimization that the Commission on Peace Officer Standards and Training may develop based on this section, regardless of whether that model policy includes items in addition to those listed in this section. (22) Use of the full term “elder and dependent adult abuse” in every reference to that crime, with no shorthand terms, including, but not limited to, “elder abuse” or “adult abuse.” (23) A detailed checklist of first-responding officers’ responsibilities, including, but not limited to, all of the following: (A) Taking responsibility for the safety and well-being of the potential victims and witnesses and treating all potential victims, witnesses, and suspects with dignity and respect. (B) Complying with the provisions of the agency’s policy requirements for arrests and mandatory seeking of arrest warrants pursuant to paragraph (9) and the requirements for seeking emergency protective orders pursuant to paragraph (17). (C) Following the policy’s guidelines for interviewing persons with cognitive or communication disabilities pursuant to paragraph (15). (D) Recognizing that some elders and adults and children with cognitive or communication disabilities may have difficulty narrating events, appear to be poor historians, or lack short-term memory, which adds to their vulnerability and therefore requires officers to make special efforts to provide them with equal protection. (E) Documenting the scene. (F) Obtaining a signed medical release from potential victims. (G) Interviewing caretakers separately, recognizing that in some cases, the caretaker is the perpetrator. (H) Recognizing that victim cooperation is sometimes unnecessary for prosecution, and that in some cases allowing victims the option of preventing prosecution creates an opportunity for the perpetrators to obstruct justice by pressuring or threatening the victims. Each dispatch call or case should be investigated on its own evidential merits. (I) Taking other actions necessary to comply with the provisions of the law enforcement agency’s policy pursuant to this section. (24) The relevant content of any memoranda of understanding or similar agreements or procedures for cooperating with other responsible agencies, consistent with Section 368.5. (25) A statement of the agency chief executive’s responsibilities, including, but not limited to, all of the following: (A) Taking leadership within the agency and in the community, including by speaking out publicly in major cases of senior and disability victimization, to assure the community of the agency’s support for the victims and their families and for others in the community who are terrorized and traumatized by the crimes, and to encourage victims and witnesses to the crimes or similar past or future crimes to report those crimes to help bring the perpetrators to justice and prevent further crimes. (B) Carrying out specific responsibilities pursuant to this subdivision, including, but not limited to, developing and including agency protocols in this policy. (C) Ensuring that all officers and staff carry out their responsibilities under the policy. (26) An agency protocol for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed. (27) (A) A requirement that all officers be familiar with the policy and carry out the policy at all times except in the case of unusual compelling circumstances as determined by the agency’s chief executive or by another supervisory or command-level officer designated by the chief executive. (B) A responsible officer who makes a determination allowing a deviation from the policy shall produce a report to the agency’s chief executive stating the unusual compelling circumstances. The policy shall include an agency protocol for providing copies of those reports to the alleged victims and reporting parties. The chief executive shall retain the report for a minimum of five years and shall make it available to the state protection and advocacy agency upon request. (28) For each agency protocol, either a specific title-by-title list of officers’ responsibilities, or a specific office or unit in the law enforcement agency responsible for implementing the protocol. (d) If a law enforcement agency adopts or revises a policy regarding senior and disability victimization on or after April 13, 2021, the chief executive shall make it available to the state protection and advocacy agency upon request. (e) A law enforcement agency that adopts, revises, or has adopted or revised a policy regarding elder and dependent adult abuse in compliance with the requirements of Section 368.5 on or after April 13, 2021, shall also comply with the requirements of subdivision (c) and (d) of this section. (Amended by Stats. 2023, Ch. 18, Sec. 2. (AB 751) Effective January 1, 2024.)
  101. 368.7.

    ## 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. )

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    The Department of Justice must create and distribute a public notice about elder and dependent adult fraud, include complaint-filing information, and make it available on the Attorney General’s website.

    ## 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 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7] ( Chapter 13 heading added by Stats. 2010, Ch. 617, Sec. 2. ) ## 368.7. The Department of Justice shall develop and distribute an informational notice that warns the public about elder and dependent adult fraud and directs them to information and resources necessary to determine whether they are victims of fraud. The notice shall provide information regarding how and where to file complaints. The notice shall also be made available on the Internet Web site of the Attorney General. (Added by Stats. 2016, Ch. 80, Sec. 1. (AB 2721) Effective January 1, 2017.)
  102. 369a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A qualifying transportation commission or authority may give rail-safety educational materials to traffic schools.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 369a. (a) The Legislature hereby finds and declares the following: (1) Rail transit traffic safety programs are necessary to educate the public about the potential for harm and injury arising from an individual’s disregard for, and violation of, rail-related traffic safety laws, and to increase the consequences for those persons violating rail-related traffic safety laws. (2) Currently, there does not exist a unified statewide system to deal with the ever increasing problem of rail-related traffic safety violators, and to provide a method of educating the public. (b) In each county with a population greater than 500,000 in which a transportation commission or authority has been established and it owns or operates rail transit facilities, the commission or authority may provide and disseminate appropriate educational materials to traffic schools to aid in reducing the number of rail-related traffic accidents, including, but not limited to, a film developed or caused to be developed by the transportation commission or authority on rail transit safety. (Added by Stats. 1993, Ch. 722, Sec. 2. Effective January 1, 1994.)
  103. 369b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    In counties with more than 500,000 people, courts may require certain rail-transit-related traffic violators to attend rail safety traffic school, and may or must add fines depending on whether it is a first, second, or later offense.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 369b. (a) This section shall only apply to counties with a population greater than 500,000. (b) The court may order any person convicted of a rail transit related traffic violation, as listed in subdivision (c), to attend a traffic school that offers, as a part of its curriculum, a film developed or caused to be developed by a transportation commission or authority on rail transit safety. (c) For a first offense, a court, at its discretion, may order any person cited for any of the following violations to attend a traffic school offering a rail safety presentation, Internet rail safety test, or rail transit safety film prepared by a county transportation commission or authority, pay an additional fine of one hundred dollars ($100), or both: (1) Section 369g. (2) Section 369i. (3) Subdivision (c) of Section 21752, Section 22450, 22451, or 22452, or subdivision (c) of Section 22526, of the Vehicle Code, involving railroad grade crossings. (d) For a second or subsequent violation as provided in subdivision (c), a court shall order a person to pay an additional fine of up to two hundred dollars ($200) and to attend a traffic school offering a rail safety presentation, Internet rail safety test, or rail safety film prepared by a county transportation commission or authority. (e) All fines collected according to this section shall be distributed pursuant to Sections 1463 and 1463.12, as applicable. (Amended by Stats. 2005, Ch. 716, Sec. 3. Effective January 1, 2006.)
  104. 369d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who enters or crosses a railroad at a private passway enclosed by bars or gates must leave the passway securely closed; otherwise the person commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 369d. Any person who enters upon or crosses any railroad, at any private passway, which is inclosed by bars or gates, and neglects to leave the same securely closed after him, is guilty of a misdemeanor. (Added by Stats. 1905, Ch. 573.)
  105. 369g

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person must not ride, drive, or propel a vehicle on certain railroad tracks without authorization; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 369g. (a) Any person who rides, drives, or propels any vehicle upon and along the track of any railroad through or over its private right-of-way, without the authorization of its superintendent or other officer in charge thereof, is guilty of a misdemeanor. (b) Any person who rides, drives, or propels any vehicle upon and along the track of any railline owned or operated by a county transportation commission or transportation authority without the authorization of the commission or authority is guilty of a misdemeanor. (Amended by Stats. 1993, Ch. 722, Sec. 4. Effective January 1, 1994.)
  106. 369h

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person or business must not install, set up, maintain, or operate certain signs or lights near railroad main lines if they could be mistaken for railroad signals and could endanger safe train operation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 369h. Any person, partnership, firm or corporation installing, setting up, maintaining or operating upon public or private property, any sign or light in line of vision along any main line track of any railroad in this State of such type or in such form or manner that it may be mistaken for any fixed or standard railroad signal when viewed from an approaching locomotive cab, railway car, or train, by the operators or employees upon such locomotive cab, railway car or train, so as to hinder the safe and efficient operation of such locomotive, railway car or train, and endanger the safety of persons or property upon such locomotive, railway car, or train, shall be guilty of maintaining a public nuisance. No sign, signal, flare or light placed within the right of way of any street or highway by public authorities in charge thereof, considered necessary by them to direct or warn highway traffic, shall be deemed to violate this section. (Added by Stats. 1941, Ch. 153.)
  107. 369i

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Entering or staying on railroad or transit-related property without permission, and interfering with operations, is a misdemeanor, with limited protection for picketing and lawful labor-dispute-related activity nearby.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 369i. (a) (1) Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner’s agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor. (2) As used in this subdivision, “property of any railroad” means any land owned, leased, or possessed by a railroad upon which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of the track, that is owned, leased, or possessed by a railroad. (b) (1) Any person who enters or remains upon any transit-related property without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility is guilty of a misdemeanor. (2) As used in this subdivision, “transit-related property” means any land, facilities, or vehicles owned, leased, or possessed by a county transportation commission, transportation authority, or transit district, as defined in Section 99170 of the Public Utilities Code, that are used to provide public transportation by rail or passenger bus or are directly related to that use, or any property, facilities, or vehicles upon which the San Francisco Bay Area Rapid Transit District owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement. (c) This section does not prohibit picketing in the immediately adjacent area of the property of any railroad or transit-related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute. (Amended by Stats. 2021, Ch. 534, Sec. 1. (AB 1337) Effective January 1, 2022.)
  108. 37.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 3. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE [37 - 38] ( Title 3 enacted 1872. )

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    Treason is limited to levying war, aiding enemies, or giving them aid and comfort, and it carries death or life without parole.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 3. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE [37 - 38] ( Title 3 enacted 1872. ) ## 37. (a) Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death or life imprisonment without possibility of parole. The penalty shall be determined pursuant to Sections 190.3 and 190.4. (b) Upon a trial for treason, the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act, or upon confession in open court; nor, except as provided in Sections 190.3 and 190.4, can evidence be admitted of an overt act not expressly charged in the indictment or information; nor can the defendant be convicted unless one or more overt acts be expressly alleged therein. (Amended by Stats. 1989, Ch. 897, Sec. 12.)
  109. 3700.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. )

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    When a death sentence execution date is set, prison officials must notify the Secretary, who must appoint three qualified psychiatrists or licensed psychologists to examine the person’s competence, and the report must be served on specified officials.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## 3700. When a court enters an order appointing a day upon which a judgment of death shall be executed upon an incarcerated person, the warden of the state prison to whom the incarcerated person has been delivered for execution or, if the incarcerated person is housed at the Central California Women’s Facility, the warden of that facility, shall notify the Secretary of the Department of Corrections and Rehabilitation who shall then select and appoint three psychiatrists or licensed psychologists, all of whom must be from the medical staffs of the Department of Corrections and Rehabilitation to examine the incarcerated person under the judgment of death, and investigate the incarcerated person’s competence to be executed. It is the duty of the psychiatrists or licensed psychologists so selected and appointed to examine the incarcerated person and investigate the incarcerated person’s competence to be executed, and to report their opinions and conclusions in writing to the warden of the prison at which the execution is to take place, or, if the incarcerated person is housed there, the warden of the Central California Women’s Facility, at least 20 days prior to the day appointed for the execution of the judgment of death upon the incarcerated person. Upon receipt, the warden shall serve a copy of the report to counsel for the incarcerated person, to the Attorney General, to the district attorney of the county in which the person was sentenced, and to the Governor. (Added by renumbering Section 3700.5 by Stats. 2022, Ch. 795, Sec. 3. (AB 2657) Effective January 1, 2023.)
  110. 3701.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. )

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    This section sets procedures for claims that a death-sentenced incarcerated person is incompetent to be executed, including notices, petitions, hearings, and a temporary pause on execution until the court’s inquiry is complete.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## 3701. (a) If, after an execution date has been set, there is good reason to believe that an incarcerated person under judgment of death has become incompetent to be executed, the warden shall call that fact to the attention of the district attorney of the county in which the incarcerated person was sentenced, the Attorney General, and the incarcerated person’s counsel. If counsel for the incarcerated person has reason to believe that the incarcerated person is incompetent to be executed, counsel for the incarcerated person has a duty to file within 48 hours in the superior court of the county from which the incarcerated person’s judgment and sentence of death arises, a petition that identifies the conviction and judgment, alleges that the incarcerated person is believed to be incompetent to be executed, and asks that the question of the incarcerated person’s competence to be executed be inquired into. If counsel for the incarcerated person does not file that petition, or the incarcerated person does not have counsel, and the warden has notified the district attorney and the Attorney General that there is reason to believe that the incarcerated person is incompetent to be executed, the Attorney General shall file the petition. During the course of these proceedings, the court shall also consider whether the petitioner is permanently incompetent to be executed within the meaning of subdivision (e). The incarcerated person’s execution may not proceed until the court’s inquiry into the incarcerated person’s competence to be executed is complete. (b) At any time prior to the setting of an execution date, an incarcerated person whose judgment and sentence of death has been affirmed on direct appeal may file a petition alleging the incarcerated person’s permanent incompetence to be executed. The petition must be verified and supported by either the opinion of a qualified expert that the incarcerated person is permanently incompetent within the meaning of subdivision (e) or medical evidence that the incarcerated person has one or more medical or mental health conditions that would support a finding that the incarcerated person is permanently incompetent within the meaning of subdivision (e). (c) An incarcerated person who has submitted a petition pursuant to subdivision (b) that did not result in a determination that the incarcerated person is permanently incompetent to be executed may submit a renewed petition. A renewed petition must identify with specificity a change in the incarcerated person’s diagnosis or prognosis or change in the law that arose after the determination of the prior request that supports the renewed petition. (d) For purposes of this section, “incompetent to be executed” means that, due to mental illness or disorder, an incarcerated person is unable to rationally understand either the punishment the incarcerated person is about to suffer or why the incarcerated person is to suffer it. (e) For purposes of this section, “permanent incompetence to be executed” means that the incarcerated person meets both of the following criteria: (1) The incarcerated person is presently incompetent to be executed. (2) The nature of the mental illness or disorder giving rise to incompetence is such that the incarcerated person’s competence to be executed is unlikely to ever be restored. (f) Following the filing of the petition specified in subdivisions (a), (b), or (c), the court shall hold a hearing if there is reason to believe the incarcerated person is presently incompetent to be executed, as specified in subdivision (a), or there is reason to believe the incarcerated person is permanently incompetent to be executed, as specified in subdivision (b) and (c). The court may decline to hold a hearing if the parties stipulate that no hearing is necessary. (g) When an incarcerated person proffers an expert opinion that the incarcerated person is incompetent to be executed, another expert’s opinion that concludes otherwise is an insufficient basis to deny a hearing. (h) For purposes of this section, a claim in a petition for writ of habeas corpus alleging permanent incompetence to be executed that was filed before January 1, 2023, and that is still pending, shall be treated as a petition filed pursuant to subdivision (b). In those cases, if the court has already concluded that the petitioner made a prima facie showing of entitlement to relief, it shall proceed to a hearing pursuant to this section and Sections 3702 and 3703, unless the parties stipulate otherwise. (i) A petition filed under this section by an incarcerated person under sentence of death constitutes a petition for writ of habeas corpus within the meaning of subdivision (a) of Section 1509 of the Penal Code and is subject to the requirements of that section. A petition filed by an incarcerated person under this chapter constitutes a claim that the petitioner is ineligible for a sentence of death within the meaning of subdivision (d) of Section 1509 of the Penal Code. No provision of this chapter alters, changes, or amends any of the statutory provisions contained in the Death Penalty Reform and Savings Act of 2016 enacted by the voters in the November 2016 election within the meaning of Section 20 of that act. (j) An attorney acting on behalf of the incarcerated person who suspects that the incarcerated person may be incompetent to be executed may obtain an order from the superior court from which the incarcerated person’s conviction and sentence arises directing the Department of Corrections and Rehabilitation to release the incarcerated person’s medical and psychiatric records to the attorney or the attorney’s representative for use under this section. (k) This section shall apply retroactively. (Repealed and added by Stats. 2022, Ch. 795, Sec. 5. (AB 2657) Effective January 1, 2023.)
  111. 3702.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. )

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    The prosecuting agency and the incarcerated person under sentence of death may produce witnesses at a hearing on a petition under Section 3701. If the court finds reason to believe the person may be presently or permanently incompetent to be executed, the court must hear proof from either side and may use subpoenas, attachment, and other necessary measures to conduct a full and fair 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 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## 3702. (a) The prosecuting agency and the incarcerated person under sentence of death may produce witnesses at any hearing held regarding a petition filed pursuant to Section 3701. (b) When the court concludes that there is reason to believe the incarcerated person is presently or permanently incompetent to be executed, the court shall hear proof produced by either party. The court may compel the attendance of witnesses, by process of subpoena and attachment, and to perform all other acts necessary to a full and fair hearing and determination of the case. (Repealed and added by Stats. 2022, Ch. 795, Sec. 7. (AB 2657) Effective January 1, 2023.)
  112. 3703.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. )

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    This section tells the court how to decide a petition about whether an incarcerated person is competent to be executed, and what orders follow if the person is found competent, permanently incompetent, or incompetent but likely to recover.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## 3703. (a) On decision of a petition filed pursuant to Section 3701, the court shall issue a statement explaining the legal and factual basis for the decision. (b) If the court finds by a preponderance of the evidence that the incarcerated person is competent to be executed, the court shall deny the petition. (c) If the court finds by a preponderance of the evidence that the incarcerated person is permanently incompetent to be executed within the meaning of subdivision (e) of Section 3701, the court shall vacate the sentence or sentences of death and resentence the incarcerated person to life without the possibility of parole. (d) In a proceeding under subdivision (a) of Section 3701, if the court finds that the incarcerated person is incompetent to be executed, but does not find by a preponderance of the evidence that competence is unlikely to be restored, the court shall order the warden to suspend the execution and order that the incarcerated person be taken to a medical facility of the Department of Corrections and Rehabilitation, and be kept in safe confinement until their competence to be executed is restored. If the prosecuting agency alerts the court that it believes the incarcerated person’s competence has been restored, the court shall again initiate the procedure set forth in Section 3700 and hold a hearing. In that hearing, the prosecution bears the burden of proving by a preponderance of the evidence that the incarcerated person is competent to be executed. (e) The decision denying or granting the petition will be subject to review under Section 1509.1. An appeal from a decision under this chapter shall not be considered successive, nor shall it render any subsequent appeals successive within the meaning of Section 1509.1. (Repealed and added by Stats. 2022, Ch. 795, Sec. 9. (AB 2657) Effective January 1, 2023.)
  113. 3705.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. )

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    If there is reason to believe a woman sentenced to death is pregnant, the court must follow the Section 3701 procedure, except it may use three physicians instead of a jury to examine the pregnancy.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## 3705. If there is good reason to believe that a female against whom a judgment of death is rendered is pregnant, such proceedings must be had as are provided in Section 3701, except that instead of a jury, as therein provided, the court may summon three disinterested physicians, of good standing in their profession, to inquire into the supposed pregnancy, who shall, in the presence of the court, but with closed doors, if requested by the defendant, examine the defendant and hear any evidence that may be produced, and make a written finding and certificate of their conclusion, to be approved by the court and spread upon the minutes. The provisions of Section 3702 apply to the proceedings upon such inquiry. (Amended by Stats. 1941, Ch. 1192.)
  114. 3706.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. )

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    The warden must execute the judgment unless the woman is pregnant; if she is pregnant, the warden must suspend execution and send a certified copy of the finding to the Governor.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 3. EXECUTION OF DEATH PENALTY [3600 - 3706] ( Title 3 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy [3700 - 3706] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## 3706. If it is found that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant the warden must suspend the execution of the judgment, and transmit a certified copy of the finding and certificate to the Governor. When the Governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden this warrant appointing a day for the execution of the judgment. (Added by Stats. 1941, Ch. 106.)
  115. 371.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    An act can still count as a nuisance even if the harm to individuals is uneven, when it affects an entire community, neighborhood, or a considerable number of people.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 371. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. (Amended by Stats. 1989, Ch. 1360, Sec. 109.)
  116. 372.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who maintains or commits a public nuisance not otherwise covered by another punishment, or who willfully fails to do a legal duty tied to removing a public nuisance, commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 372. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. (Enacted 1872.)
  117. 372.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    If a person is sentenced for Section 370 in a negotiated or indicated disposition that dismisses certain drug-related charges, public nuisance is punished with specified fines or jail terms depending on whether the dismissed charges are infractions, misdemeanors, or felonies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 372.5. (a) Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, a term of which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250). (b) Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more misdemeanor charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is punishable by a fine of not exceeding one thousand dollars ($1,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, or as an infraction punishable by a fine not to exceed two hundred fifty dollars ($250). (c) Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more felony charges that allege cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or to sell a drug, or unlawful possession of a drug, public nuisance is punishable pursuant to subdivision (h) of Section 1170 for a period of 16 months, or two or three years, or by imprisonment in a county jail for not more than one year. (d) For purposes of this section, “drug” is defined as under Section 11014 of the Health and Safety Code. (Added by Stats. 2022, Ch. 487, Sec. 1. (AB 2195) Effective January 1, 2023.)
  118. 372.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Local law enforcement and local jurisdictions may not bring nuisance actions or impose fines against a business just because it reported retail crime, unless the report was knowingly false.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 372.7. Local law enforcement or a local jurisdiction shall not bring or threaten a nuisance action pursuant to Section 372 or 373a against a business, or impose fines pursuant to Section 372 or 373a upon a business, solely for the act of reporting retail crime, unless the report is knowingly false. (Added by Stats. 2024, Ch. 168, Sec. 1. (AB 2943) Effective January 1, 2025.)
  119. 373a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who lets a public nuisance continue on property they own, occupy, or lease after written notice must abate it or face a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 373a. Each person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and each person occupying or leasing the property or premises of another who maintains, permits, or allows a public nuisance to exist on the property, after reasonable notice in writing from a health officer, district attorney, city attorney, or city prosecutor to remove, discontinue, or abate the public nuisance has been served upon the person, is guilty of a misdemeanor. The existence of the public nuisance for each and every day after the service of the notice is a separate and distinct offense, and it is the duty of the district attorney, or the city attorney or city prosecutor of any city the charter of which imposes the duty upon the city attorney or city prosecutor to prosecute state misdemeanors, to continuously prosecute all persons guilty of violating this section until the nuisance is abated and removed. (Amended by Stats. 2017, Ch. 299, Sec. 1. (AB 1418) Effective January 1, 2018.)
  120. 374.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    This section defines “littering” and “waste matter.”

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374. (a) Littering means the willful or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes. (b) Waste matter means discarded, used, or leftover substance including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard. (Added by Stats. 1970, Ch. 1548.)
  121. 374.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is unlawful to maliciously dump or deposit certain substances into prohibited sewer facilities connected to a public sanitary sewer system unless the person has written authorization.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374.2. (a) It is unlawful for any person to maliciously discharge, dump, release, place, drop, pour, or otherwise deposit, or to maliciously cause to be discharged, dumped, released, placed, dropped, poured, or otherwise deposited, any substance capable of causing substantial damage or harm to the operation of a public sewer sanitary facility, or to deposit in commercial quantities any other substance, into a manhole, cleanout, or other sanitary sewer facility, not intended for use as a point of deposit for sewage, which is connected to a public sanitary sewer system, without possessing a written authorization therefor granted by the public entity which is charged with the administration of the use of the affected public sanitary sewer system or the affected portion of the public sanitary sewer system. As used in this section, “maliciously” means an intent to do a wrongful act. (b) For the purposes of this section “person” means an individual, trust, firm, partnership, joint stock company, limited liability company, or corporation, and “deposited in commercial quantities” refers to any substance deposited or otherwise discharged in any amount greater than for normal domestic sewer use. (c) Lack of specific knowledge that the facility into which the prohibited discharge or release occurred is connected to a public sanitary sewer system shall not constitute a defense to a violation charged under this section. (d) Any person who violates this section shall be punished by imprisonment in the county jail for not more than one year, or by a fine of up to twenty-five thousand dollars ($25,000), or by both a fine and imprisonment. If the conviction is for a second or subsequent violation, the person shall be punished by imprisonment in the county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170 for 16, 20, or 24 months, and by a fine of not less than five thousand dollars ($5,000) or more than twenty-five thousand dollars ($25,000). (Amended by Stats. 2011, Ch. 15, Sec. 337. (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.)
  122. 374.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is unlawful to dump waste or certain materials in specified public or private places without the required consent; violations can be an infraction or, for commercial quantities, a misdemeanor with fines and possible jail time.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374.3. (a) It is unlawful to dump or cause to be dumped waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. (b) It is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property. (c) A person violating this section is guilty of an infraction. Each day that waste placed, deposited, or dumped in violation of subdivision (a) or (b) remains is a separate violation. (d) This section does not restrict a private owner in the use of their own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies. (e) A person convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this subdivision shall be doubled. (f) The court may require, in addition to any fine imposed upon a conviction, that a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property. (g) The court may, in addition to the fine imposed upon a conviction, require that a person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours. (h) (1) Except as otherwise provided in paragraph (2), a person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. (2) If a person convicted under paragraph (1) is the owner or operator of the business involved in the illegal dumping, and that business employs more than 10 full-time employees, the fine shall amount to not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than twenty thousand dollars ($20,000) upon a third or subsequent conviction. (3) The court shall require, in addition to the fine imposed upon a conviction, that a person convicted under this subdivision remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property. (4) (A) If a person convicted under this subdivision holds a license or permit to conduct business that is substantially related to the illegal dumping for which the person was convicted, the court shall notify the applicable licensing or permitting entity subject to the jurisdiction of the Department of Consumer Affairs as set forth in Section 101 of the Business and Professions Code, if any, of the conviction. (B) The licensing or permitting entity shall record and post the offense on the public profile of the license or permitholder on the internet website of the entity. (5) “Commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person’s own residence. (i) For purposes of this section, “person” means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation. (j) When setting fines pursuant to this section, the court shall consider the defendant’s ability to pay, including consideration of, without limitation, all of the following: (1) The defendant’s present financial position. (2) The defendant’s reasonably discernible future financial position, provided that the court shall not consider a period of more than one year from the date of the hearing for purposes of determining the reasonably discernible future financial position of the defendant. (3) The likelihood that the defendant will be able to obtain employment within one year from the date of the hearing. (4) Any other factor that may bear upon the defendant’s financial capability to pay the fine. (Amended by Stats. 2022, Ch. 784, Sec. 1. (AB 2374) Effective January 1, 2023.)
  123. 374.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is unlawful for a person, firm, or corporation to litter or cause littering on public or private property, and violations are punishable by mandatory fines.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374.4. (a) It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction. (b) This section does not restrict a private owner in the use of his or her own property, unless the littering of waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies. (c) As used in this section, “litter” means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in a place other than a place or container for the proper disposal thereof, and including waste matter that escapes or is allowed to escape from a container, receptacle, or package. (d) A person, firm, or corporation convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. (e) The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up litter at a time and place within the jurisdiction of the court for not less than eight hours. (Amended by Stats. 2006, Ch. 416, Sec. 8. Effective January 1, 2007.)
  124. 374.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Grease waste haulers are prohibited from reinserting or discharging removed grease waste in certain places, and from transporting it in the same vehicle with other waste. Limited reinsertion is allowed only if specified local, registration, equipment, training, notice, and no-objection conditions are met.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374.5. (a) It is unlawful for any grease waste hauler to do either of the following: (1) Reinsert, deposit, dump, place, release, or discharge into a grease trap, grease interceptor, manhole, cleanout, or other sanitary sewer appurtenance any materials that the hauler has removed from the grease trap or grease interceptor, or to cause those materials to be so handled. (2) Cause or permit to be discharged in or on any waters of the state, or discharged in or deposited where it is, or probably will be, discharged in or on any waters of the state, any materials that the hauler has removed from the grease trap or grease interceptor, or to cause those materials to be so handled. (b) The prohibition in subdivision (a), as it pertains to reinsertion of material removed from a grease trap or grease interceptor, shall not apply to a grease waste hauler if all of the following conditions are met: (1) The local sewer authority having jurisdiction over the pumping and disposal of the material specifically allows a registered grease waste hauler to obtain written approval for the reinsertion of decanted liquid. (2) The local sewer authority has determined that, if reinsertion is allowed, it is feasible to enforce local discharge limits for fats, oil, and grease, if any, and other local requirements for best management or operating practices, if any. (3) The grease waste hauler is registered pursuant to Section 19310 of the Food and Agricultural Code. (4) The registered grease waste hauler demonstrates to the satisfaction of the local sewer authority all of the following: (A) It will use equipment that will adequately separate the water from the grease waste and solids in the material so as to comply with applicable regulations. (B) Its employees are adequately trained in the use of that equipment. (5) The registered grease waste hauler demonstrates both of the following: (A) It has informed the managerial personnel of the owner or operator of the grease trap or interceptor, in writing, that the grease waste hauler may reinsert the decanted materials, unless the owner or operator objects to the reinsertion. (B) The owner or operator has not objected to the reinsertion of the decanted materials. If the owner or operator of the grease trap or interceptor objects to the reinsertion, no decanted material may be inserted in that grease trap or interceptor. (c) A grease waste hauler shall not transport grease removed from a grease trap or grease interceptor in the same vehicle used for transporting other waste, including, but not limited to, yellow grease, cooking grease, recyclable cooking oil, septic waste, or fluids collected at car washes. (d) For purposes of this section, a “grease waste hauler” is a transporter of inedible kitchen grease subject to registration requirements pursuant to Section 19310 of the Food and Agricultural Code. (e) Any person who violates this section shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months or a fine of not more than ten thousand dollars ($10,000), or both a fine and imprisonment. A second and subsequent conviction, shall be punishable by imprisonment in a county jail for not more than one year, or a fine of not more than twenty-five thousand dollars ($25,000), or both a fine and imprisonment. (f) Notwithstanding Section 1463, the fines paid pursuant to this section shall be apportioned as follows: (1) Fifty percent shall be deposited in the Environmental Enforcement and Training Account established pursuant to Section 14303, and used for purposes of Title 13 (commencing with Section 14300) of Part 4. (2) Twenty-five percent shall be distributed pursuant to Section 1463.001. (3) Twenty-five percent to the local health officer or other local public officer or agency that investigated the matter which led to bringing the action. (g) If the court finds that the violator has engaged in a practice or pattern of violation, consisting of two or more convictions, the court may bar the violating individual or business from engaging in the business of grease waste hauling for a period not to exceed five years. (h) The court may require, in addition to any fine imposed upon conviction, that as a condition of probation and in addition to any other punishment or condition of probation, that a person convicted under this section remove, or pay the cost of removing, to the extent they are able, any materials which the convicted person dumped or caused to be dumped in violation of this section. (i) This section does not prohibit the direct receipt of trucked grease by a publicly owned treatment works. (Amended by Stats. 2007, Ch. 130, Sec. 190. Effective January 1, 2008.)
  125. 374.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who dumps or litters waste matter into listed waters, or on nearby shore areas within 150 feet of the high-water mark, commits a misdemeanor. Convicted persons face mandatory fines, and the court may also order at least eight hours of litter pickup as a probation condition.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374.7. (a) A person who litters or causes to be littered, or dumps or causes to be dumped, waste matter into a bay, lagoon, channel, river, creek, slough, canal, lake, or reservoir, or other stream or body of water, or upon a bank, beach, or shore within 150 feet of the high water mark of a stream or body of water, is guilty of a misdemeanor. (b) A person convicted of a violation of subdivision (a) shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. (c) The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of subdivision (a), pick up litter at a time and place within the jurisdiction of the court for not less than eight hours. (Amended by Stats. 2006, Ch. 416, Sec. 9. Effective January 1, 2007.)
  126. 374.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who knowingly causes a hazardous substance to be dumped in certain places or into state waters can be fined or jailed, unless the dump happened during an emergency that was promptly reported.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374.8. (a) In any prosecution under this section, proof of the elements of the offense shall not be dependent upon the requirements of Title 22 of the California Code of Regulations. (b) Any person who knowingly causes any hazardous substance to be deposited into or upon any road, street, highway, alley, or railroad right-of-way, or upon the land of another, without the permission of the owner, or into the waters of this state is punishable by imprisonment in the county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for a term of 16 months, two years, or three years, or by a fine of not less than fifty dollars ($50) nor more than ten thousand dollars ($10,000), or by both the fine and imprisonment, unless the deposit occurred as a result of an emergency that the person promptly reported to the appropriate regulatory authority. (c) For purposes of this section, “hazardous substance” means either of the following: (1) Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the environment, including, but not limited to, hazardous waste and any material that the administering agency or a handler, as defined in Chapter 6.91 (commencing with Section 25410) of Division 20 of the Health and Safety Code, has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the environment. (2) Any substance or chemical product for which one of the following applies: (A) The manufacturer or producer is required to prepare a MSDS, as defined in Section 6374 of the Labor Code, for the substance or product pursuant to the Hazardous Substances Information Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation. (B) The substance is described as a radioactive material in Chapter 1 of Title 10 of the Code of Federal Regulations maintained and updated by the Nuclear Regulatory Commission. (C) The substance is designated by the Secretary of Transportation in Chapter 27 (commencing with Section 1801) of the appendix to Title 49 of the United States Code and taxed as a radioactive substance or material. (D) The materials listed in subdivision (b) of Section 6382 of the Labor Code. (Amended by Stats. 2011, Ch. 15, Sec. 338. (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.)
  127. 374a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who provides information leading to an arrest and conviction for certain violations is entitled to a reward.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374a. A person giving information leading to the arrest and conviction of a person for a violation of Section 374c, 374.2, 374.3, 374.4, or 374.7 is entitled to a reward for providing the information. The amount of the reward for each arrest and conviction shall be 50 percent of the fine levied against and collected from the person who violated Section 374c, 374.2, 374.3, 374.4, or 374.7 and shall be paid by the court. If the reward is payable to two or more persons, it shall be divided equally. The amount of collected fine to be paid under this section shall be paid prior to any distribution of the fine that may be prescribed by any other section, including Section 1463.9, with respect to the same fine. (Amended by Stats. 2006, Ch. 416, Sec. 6. Effective January 1, 2007.)
  128. 374c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person must not shoot any firearm from or on a public road or highway.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374c. Every person who shoots any firearm from or upon a public road or highway is guilty of a misdemeanor. (Added by Stats. 1933, Ch. 203.)
  129. 374d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person must not allow or place a dead animal carcass within 100 feet of a street, alley, highway, or road in common use.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 374d. Every person who knowingly allows the carcass of any dead animal which belonged to him at the time of its death to be put, or to remain, within 100 feet of any street, alley, public highway, or road in common use, and every person who puts the carcass of any dead animal within 100 feet of any street, alley, highway, or road in common use is guilty of a misdemeanor. (Added by Stats. 1951, Ch. 657.)
  130. 375.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is unlawful to place, release, or try to place certain harmful or offensive substances in or around specified public places, and to make or possess them with that intent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 375. (a) It shall be unlawful to throw, drop, pour, deposit, release, discharge or expose, or to attempt to throw, drop, pour, deposit, release, discharge or expose in, upon or about any theater, restaurant, place of business, place of amusement or any place of public assemblage, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or is nauseous, sickening, irritating or offensive to any of the senses. (b) It shall be unlawful to manufacture or prepare, or to possess any liquid, gaseous, or solid substance or matter of any kind which is injurious to person or property, or is nauseous, sickening, irritating or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge or expose the same in, upon or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage. (c) Any person violating any of the provisions hereof shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment. (d) Any person who, in violating any of the provisions of subdivision (a), willfully employs or uses any liquid, gaseous or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 339. (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.)
  131. 377.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who, by telephone to a pharmacist, lies about being a prescribing doctor or acting for one in order to get a prescription-only drug commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 377. Every person who, in order to obtain for himself or another any drug that can be lawfully dispensed by a pharmacist only on prescription, falsely represents himself to be a physician or other person who can lawfully prescribe such drug, or falsely represents that he is acting on behalf of a person who can lawfully prescribe such drug, in a telephone communication with a pharmacist, is guilty of a misdemeanor. (Added by Stats. 1963, Ch. 1272.)
  132. 379.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor to sell or give Salvia divinorum or Salvinorin A (or products containing them) to anyone under 18.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 379. Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person who is less than 18 years of age, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (Added by Stats. 2008, Ch. 184, Sec. 1. Effective January 1, 2009.)
  133. 38.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 3. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE [37 - 38] ( Title 3 enacted 1872. )

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    Misprision of treason is knowing about treason and hiding it, without joining in the crime, and it is punishable by imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 3. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE [37 - 38] ( Title 3 enacted 1872. ) ## 38. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 233. (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.)
  134. 380.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor to sell, dispense, or distribute toluene or products containing toluene to anyone under 18.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 380. (a) Every person who sells, dispenses or distributes toluene, or any substance or material containing toluene, to any person who is less than 18 years of age shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than one thousand dollars ($1,000), nor more than two thousand five hundred dollars ($2,500), or by imprisonment for not less than six months nor more than one year. (b) The court shall order the suspension of the business license, for a period of one year, of a person who knowingly violates any of the provisions of this section after having been previously convicted of a violation of this section unless the owner of such business license can demonstrate a good faith attempt to prevent illegal sales or deliveries by employees. The provisions of this subdivision shall become operative on July 1, 1980. (c) The provisions of this section shall apply to, but are not limited to, the sale or distribution of glue, cement, dope, paint thinners, paint, and any combination of hydrocarbons either alone or in combination with any substance or material including, but not limited to, paint, paint thinners, shellac thinners, and solvents which, when inhaled, ingested or breathed, can cause a person to be under the influence of, or intoxicated from, any such combination of hydrocarbons. This section shall not prohibit the sale of gasoline or other motor vehicle fuels to persons less than 18 years of age. (d) This section shall not apply to any glue or cement which has been certified by the State Department of Health Services as containing a substance which makes such glue or cement malodorous or causes such glue or cement to induce sneezing, nor shall this section apply where the glue or cement is sold, delivered, or given away simultaneously with or as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar models or used for the assembly or creation of hobby craft items using such components as beads, tiles, tiffany glass, ceramics, clay, or other craft-related components. (Amended by Stats. 1980, Ch. 1011, Sec. 1. Effective September 21, 1980.)
  135. 381.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    This section makes it a misdemeanor to possess toluene or similar substances with the intent to inhale or ingest them for intoxication-related effects, or to be under their influence knowingly and intentionally.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 381. (a) Any person who possesses toluene or any substance or material containing toluene, including, but not limited to, glue, cement, dope, paint thinner, paint and any combination of hydrocarbons, either alone or in combination with any substance or material including but not limited to paint, paint thinner, shellac thinner, and solvents, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of toluene or any material containing toluene, or any combination of hydrocarbons is guilty of a misdemeanor. (b) Any person who possesses any substance or material, which the State Department of Public Health has determined by regulations adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) has toxic qualities similar to toluene, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, satisfaction, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who is under the influence of such substance or material is guilty of a misdemeanor. (Amended by Stats. 2011, Ch. 296, Sec. 203. (AB 1023) Effective January 1, 2012.)
  136. 381a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    People who buy or sell dairy products must not use inaccurate or deceptive testing devices or Babcock-type tests for pricing based on richness, weight, or cream/butter-fat content.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 381a. Any person, or persons, whether as principals, agents, managers, or otherwise, who buy or sell dairy products, or deal in milk, cream or butter, and who buy or sell the same upon the basis of their richness or weight or the percentage of cream, or butter-fat contained therein, who use any apparatus, test bottle or other appliance, or who use the “Babcock test” or machine of like character for testing such dairy products, cream or butter, which is not accurate and correct, or which gives wrong or false percentages, or which is calculated in any way to defraud or injure the person with whom he deals, is guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars ($1,000) or imprisoned in the county jail not more than six (6) months. (Amended by Stats. 1983, Ch. 1092, Sec. 275. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  137. 381b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor for any person to possess nitrous oxide, or a substance containing it, with intent to inhale, breathe, or ingest it for intoxication or to alter mental processes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 381b. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a misdemeanor. This section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent. (Amended by Stats. 1984, Ch. 999, Sec. 1.)
  138. 381c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor to sell or give nitrous oxide devices or containers to a person under 18.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 381c. (a) As used in this section, “nitrous oxide” refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas. (b) Every person who sells, furnishes, administers, distributes, gives away, or offers to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide, to a person under 18 years of age is guilty of a misdemeanor. The court shall consider ordering the person to perform community service as a condition of probation. (c) (1) It is a defense to this crime that the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age. (2) The defendant shall bear the burden of establishing this defense by a preponderance of the evidence. (d) For the purpose of preventing a violation of this section, any person may refuse to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide to a person who is unable to produce adequate proof of age of majority. (e) On and after July 1, 2010, the court shall order the suspension of the business license, for a period of up to one year, of a person who knowingly violates this section after having been previously convicted of a violation of this section, unless the owner of the business license can demonstrate a good faith attempt to prevent illegal sales or deliveries by the owner’s employees. (f) This section shall not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a medical or dental practitioner licensed by this state or at the direction or under the supervision of a practitioner licensed by this state. (g) This section does not apply to the sale of nitrous oxide contained in food products for use as a propellant. (Added by Stats. 2009, Ch. 266, Sec. 1. (AB 1015) Effective January 1, 2010.)
  139. 381d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who knowingly or recklessly distributes nitrous oxide for an unlawful use, and whose conduct leads to great bodily injury or death, commits a misdemeanor and may be punished by up to six months in county jail, a fine up to $1,000, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 381d. (a) A person who dispenses or distributes nitrous oxide to a person, and knows or should know that the person is going to use the nitrous oxide in violation of Section 381b, and that person proximately causes great bodily injury or death to himself, herself, or another person, is guilty of a misdemeanor, and shall be punished by imprisonment in a county jail, not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (b) This section shall not preclude prosecution under any other law. (Added by Stats. 2014, Ch. 458, Sec. 1. (AB 1735) Effective January 1, 2015.)
  140. 381e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Businesses that dispense or distribute nitrous oxide must keep transaction records, collect buyer details, and make the records available to law enforcement with a search warrant.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 381e. (a) A person who dispenses or distributes nitrous oxide shall record each transaction involving the dispensing or distribution of nitrous oxide in a written or electronic document. The person dispensing or distributing the nitrous oxide shall require the purchaser to sign the document and provide a complete residential address and present a valid government-issued photo identification. The person dispensing or distributing the nitrous oxide shall sign and date the document and shall retain the document at the person’s business address for one year from the date of the transaction. The person shall make the documents available during normal business hours for inspection and copying, upon presentation of a duly authorized search warrant, by officers or employees of the California State Board of Pharmacy or of other law enforcement agencies of this state or the United States. (b) The document used to record each transaction shall inform the purchaser of all of the following: (1) That inhalation of nitrous oxide outside of a clinical setting may have dangerous health effects. (2) That it is a violation of state law to possess nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest it for the purpose of intoxication. (3) That it is a violation of state law to knowingly distribute or dispense nitrous oxide or any substance containing nitrous oxide, to a person who intends to breathe, inhale, or ingest it for the purpose of intoxication. (c) This section shall not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a medical or dental practitioner licensed by this state or at the direction or under the supervision of a practitioner licensed by this state. (d) This section does not apply to the sale of nitrous oxide contained in food products for use as a propellant. (e) This section shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS). (f) (1) Information obtained from a person to whom nitrous oxide was distributed or dispensed pursuant to this section shall be confidential and shall be used solely for the purposes provided in this section. (2) Except as provided in this section, a person who dispenses or distributes nitrous oxide shall not use, review, or disclose any information obtained pursuant to this section. (3) A person who violates this subdivision shall be guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (Added by Stats. 2014, Ch. 458, Sec. 2. (AB 1735) Effective January 1, 2015.)
  141. 382.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    This section makes it a misdemeanor to adulterate or dilute certain food, drink, drug, medicine, liquor, or wine products and offer them for sale as unadulterated, or to sell a different product without first telling the buyer.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 382. Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with the fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted; and every person who fraudulently sells, or keeps or offers for sale the same, as unadulterated or undiluted, or who, in response to an inquiry for any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, sells or offers for sale, a different article, or an article of a different character or manufacture, without first informing such purchaser of such difference, is guilty of a misdemeanor; provided, that no retail dealer shall be convicted under the provisions of this section if he shall prove a written guaranty of purity obtained from the person from whom he purchased such adulterated or diluted goods. (Amended by Stats. 1903, Ch. 254.)
  142. 382.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Only a licensed veterinarian may administer succinylcholine (sucostrin) to a dog or cat.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 382.4. No person, other than a licensed veterinarian, shall administer succinylcholine, also known as sucostrin, to any dog or cat. Violation of this section shall constitute a misdemeanor. (Added by Stats. 1976, Ch. 1083.)
  143. 382.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Selling, dispensing, administering, or prescribing dinitrophenol for any purpose is a felony, with fines, imprisonment, or both. Some registered economic poison and certain manufacturing or scientific sales are excluded.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 382.5. Every person who sells, dispenses, administers or prescribes dinitrophenol for any purpose shall be guilty of a felony, punishable by a fine not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. This section shall not apply to dinitrophenol manufactured or sold as an economic poison registered under the provision of Section 12811 of the Food and Agricultural Code nor to sales for use in manufacturing or for scientific purposes, and not for human consumption. (Amended by Stats. 2011, Ch. 15, Sec. 340. (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.)
  144. 382.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person must not sell, dispense, administer, or prescribe certain chemical preparations for use as eyebrow or eyelash dye.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 382.6. Every person who sells, dispenses, administers or prescribes preparations containing diphenylamine, paraphenylenediamine, or paratoluylenediamine, or a derivative of any such chemicals, to be used as eyebrow and eyelash dye, shall be guilty of a felony, punishable by a fine not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 341. (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.)
  145. 382.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who knowingly prescribes, dispenses, administers, or furnishes liquid silicone for injection into a human breast or mammary commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 382.7. Every person who knowingly prescribes, dispenses, administers, or furnishes any liquid silicone substance for the purpose of injection into a human breast or mammary is guilty of a misdemeanor. (Added by Stats. 1976, Ch. 949.)
  146. 383.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor to knowingly sell, keep for sale, offer for sale, or otherwise dispose of adulterated or unwholesome food, drink, drug, or medicine with intent that it be eaten or drunk.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 383. Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug, or medicine, knowing that the same is adulterated or has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drunk, with intent to permit the same to be eaten or drunk, is guilty of a misdemeanor, and must be fined not exceeding one thousand dollars ($1,000), or imprisoned in the county jail not exceeding six months, or both, and may, in the discretion of the court, be adjudged to pay, in addition, all the necessary expenses, not exceeding one thousand dollars ($1,000), incurred in inspecting and analyzing such articles. The term “drug,” as used herein, includes all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term “food,” as used herein, includes all articles used for food or drink by man, whether simple, mixed, or compound. Any article is deemed to be adulterated within the meaning of this section: (a) In case of drugs: (1) if, when sold under or by a name recognized in the United States Pharmacopoeia, it differs materially from the standard of strength, quality, or purity laid down therein; (2) if, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) if its strength, quality, or purity falls below the professed standard under which it is sold. (b) In the case of food: (1) if any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity; (2) if any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) if any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) if it is an imitation of, or is sold under the name of, another article; (5) if it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal; (6) if it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) if it contains any added substance or ingredient which is poisonous or injurious to health. (Amended by Stats. 1976, Ch. 1125.)
  147. 383a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor to sell, offer for sale, or keep for sale certain processed butter unless it is clearly labeled as “process butter” or “renovated butter.”

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 383a. Any person, firm, or corporation, who sells or offers for sale, or has in his or its possession for sale, any butter manufactured by boiling, melting, deodorizing, or renovating, which is the product of stale, rancid, or decomposed butter, or by any other process whereby stale, rancid, or decomposed butter is manufactured to resemble or appear like creamery or dairy butter, unless the same is plainly stenciled or branded upon each and every package, barrel, firkin, tub, pail, square, or roll, in letters not less than one half inch in length, “process butter,” or “renovated butter,” in such a manner as to advise the purchaser of the real character of such “process” or “renovated” butter, is guilty of a misdemeanor. (Added by Stats. 1905, Ch. 573.)
  148. 383b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Selling food or meat as kosher when it is not, or failing to use the required “kosher”/“nonkosher” signage in the listed situations, is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 383b. Every person who with intent to defraud, sells or exposes for sale any meat or meat preparations, and falsely represents the same to be kosher, whether such meat or meat preparations be raw or prepared for human consumption, or as having been prepared under and from a product or products sanctioned by the orthodox Hebrew religious requirements; or falsely represents any food product, or the contents of any package or container, to be so constituted and prepared, by having or permitting to be inscribed thereon the words “kosher” in any language; or sells or exposes for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, who fails to indicate on his window signs in all display advertising in block letters at least four inches in height “kosher and nonkosher meats sold here”; or who exposes for sale in any show window or place of business as both kosher and nonkosher meat preparations, either raw or prepared for human consumption, who fails to display over each kind of meat or meat preparation so exposed a sign in block letters at least four inches in height, reading “kosher meat” or “nonkosher meat” as the case may be; or sells or exposes for sale in any restaurant or any other place where food products are sold for consumption on the premises, any article of food or food preparations and falsely represents the same to be kosher, or as having been prepared in accordance with the orthodox Hebrew religious requirements; or sells or exposes for sale in such restaurant, or such other place, both kosher and nonkosher food or food preparations for consumption on the premises, not prepared in accordance with the Jewish ritual, or not sanctioned by the Hebrew orthodox religious requirements, and who fails to display on his window signs in all display advertising, in block letters at least four inches in height “kosher and nonkosher food served here” is guilty of a misdemeanor and upon conviction thereof be punishable by a fine of not less than one hundred dollars ($100), nor more than six hundred dollars ($600), or imprisonment in the county jail of not less than 30 days, nor more than 90 days, or both such fine and imprisonment. The word “kosher” is here defined to mean a strict compliance with every Jewish law and custom pertaining and relating to the killing of the animal or fowl from which the meat is taken or extracted, the dressing, treatment and preparation thereof for human consumption, and the manufacture, production, treatment and preparation of such other food or foods in connection wherewith Jewish laws and customs obtain and to the use of tools, implements, vessels, utensils, dishes and containers that are used in connection with the killing of such animals and fowls and the dressing, preparation, production, manufacture and treatment of such meats and other products, foods and food stuffs. (Amended by Stats. 1983, Ch. 1092, Sec. 278. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  149. 383c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is an offense to falsely market meat or food as halal, and certain sellers must post specific halal/nonhalal signs when both are sold.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 383c. Every person who with intent to defraud, sells or exposes for sale any meat or meat preparations, and falsely represents the same to be halal, whether the meat or meat preparations is raw or prepared for human consumption, or as having been prepared under and from a product or products sanctioned by the Islamic religious requirements; or falsely represents any food product, or the contents of any package or container, to be so constituted and prepared, by having or permitting to be inscribed thereon the word “halal” in any language; or sells or exposes for sale in the same place of business both halal and nonhalal meat or meat preparations, either raw or prepared for human consumption, who fails to indicate on his or her window signs in all display advertising in block letters at least four inches in height “halal and nonhalal meats sold here”; or who exposes for sale in any show window or place of business as both halal and nonhalal meat preparations, either raw or prepared for human consumption, who fails to display over each kind of meat or meat preparation so exposed a sign in block letters at least four inches in height, reading “halal meat” or “nonhalal meat” as the case may be; or sells or exposes for sale in any restaurant or any other place where food products are sold for consumption on the premises, any article of food or food preparations and falsely represents the same to be halal, or as having been prepared in accordance with the Islamic religious requirements; or sells or exposes for sale in a restaurant, or other place, both halal and nonhalal food or food preparations for consumption on the premises, not prepared in accordance with the Islamic ritual, or not sanctioned by Islamic religious requirements, and who fails to display on his or her window signs in all display advertising, in block letters at least four inches in height “halal and nonhalal food served here” is guilty of a misdemeanor and upon conviction thereof be punishable by a fine of not less than one hundred dollars ($100), nor more than six hundred dollars ($600), or imprisonment in a county jail of not less than 30 days, nor more than 90 days, or both that fine and imprisonment. The word “halal” is here defined to mean a strict compliance with every Islamic law and custom pertaining and relating to the killing of the animal or fowl from which the meat is taken or extracted, the dressing, treatment, and preparation thereof for human consumption, and the manufacture, production, treatment, and preparation of other food or foods in connection wherewith Islamic laws and customs obtain and to the use of tools, implements, vessels, utensils, dishes, and containers that are used in connection with the killing of animals and fowls and the dressing, preparation, production, manufacture, and treatment of meats and other products, foods, and food stuffs. (Amended by Stats. 2003, Ch. 62, Sec. 226. Effective January 1, 2004.)
  150. 384.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    This section makes it a misdemeanor to refuse to give up a party line for a real emergency call or to falsely claim the line is needed for an emergency to use it. It also requires certain telephone directories to include a warning notice, with exceptions for classified directories and older directories already distributed.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384. (a) Any person who shall wilfully refuse to immediately relinquish a party line when informed that such line is needed for an emergency call, and in fact such line is needed for an emergency call, to a fire department or police department or for medical aid or ambulance service, or any person who shall secure the use of a party line by falsely stating that such line is needed for an emergency call, shall be guilty of a misdemeanor. (b) “Party line” as used in this section means a subscribers’ line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number. “Emergency” as used in this section means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential. (c) Every telephone directory hereafter published and distributed to the members of the general public in this State or in any portion thereof which lists the calling numbers of telephones of any telephone exchange located in this State shall contain a notice which explains the offense provided for in this section, such notice to be printed in type which is not smaller than any other type on the same page and to be preceded by the word “warning” printed in type at least as large as the largest type on the same page; provided, that the provisions of this subdivision shall not apply to those directories distributed solely for business advertising purposes, commonly known as classified directories, nor to any telephone directory heretofore distributed to the general public. Any person, firm or corporation providing telephone service which distributes or causes to be distributed in this State copies of a telephone directory which is subject to the provisions of this section and which do not contain the notice herein provided for shall be guilty of a misdemeanor. (Added by Stats. 1957, Ch. 533.)
  151. 384.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    If someone removes minor forest products and carries them on a public road or highway, they must have a valid bill of sale or a written permit from the property owner. The section does not apply to transport in a passenger vehicle. Violations are misdemeanors with specified fines and jail time.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384.5. (a) (1) Any person who removes any minor forest products from the property where the products were cut and transports the products upon any public road or highway shall have in the person’s possession a valid bill of sale for the products or a written permit issued by the owner of the property from which the products were removed authorizing the removal and transport. (2) Any such permit or bill of sale shall include, but is not limited to, all of the following: (A) The name, address, and signature of the landowner, and phone number, if available. (B) The name, address, and signature of the permittee or purchaser. (C) The amount, species, and type of minor forest products to be removed and transported. (D) A description sufficient to identify the property from which the minor forest products are to be removed. (E) The date of issuance of the permit or bill of sale and the duration of the period of time within which the minor forest products may be removed. (F) Any conditions or additional information which the landowner may impose or include. (3) Any permit for the removal of minor forest products from public lands that is issued by the United States Forest Service or the Bureau of Land Management is sufficient for the purposes of this subdivision, regardless of whether the permit conforms to the specific requirements as to content set forth in paragraph (2). (4) For the purposes of this subdivision, “minor forest products” means firewood, posts, shakeboards, shake and shingle bolts, or split products, in quantities exceeding 20 cubic feet in volume, and burlwood or stumps, in quantities of two or more. (b) This section shall not apply to the transport of any minor forest products carried in a passenger vehicle, as defined in Section 465 of the Vehicle Code. (c) Violation of subdivision (a) is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in a county jail for not more than six months or by both that fine and imprisonment. (Amended by Stats. 1988, Ch. 225, Sec. 1.)
  152. 384a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person may not cut, destroy, remove, or sell certain plant material unlawfully, and some cutting or removal requires a signed permit filed with the county sheriff.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384a. (a) (1) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way. (2) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owner’s authorized agent, as provided in subdivision (c). (3) A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision. (b) For purposes of this section, “plant material” means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. “Plant material” does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance. (c) (1) The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowner’s authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit. (2) The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed. (d) A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section. (e) This section does not apply to any of the following: (1) An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state. (2) A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility. (3) A person engaged in logging operations or fire suppression. (f) A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. (Amended by Stats. 2015, Ch. 499, Sec. 2. (SB 795) Effective January 1, 2016.)
  153. 384b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    This section defines terms used for Sections 384c through 384f, unless the context requires otherwise.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384b. For the purposes of Sections 384c through 384f, inclusive, unless the context otherwise requires, the definitions contained in this section govern the construction of those sections. (a) “Person” includes an employee with wages as his or her sole compensation. (b) “Permit” means a permit as required by Section 384a. (c) “Tree” means any evergreen tree or top thereof which is harvested without having the limbs and foliage removed. (d) “Shrub” means any toyon or Christmas red-berry shrub or any of the following native desert plants: all species of the family Cactaceae (cactus family); and Agave deserti (desert agave), Agave utahensis (Utah agave), Nolina bigelovii, Nolina parryi (Parry nolina), Nolina wolfii, Yucca baccata, Yucca brevifolia (Joshua tree), Yucca schidigera (Mohave yucca), Yucca whipplei (Whipple yucca), Cercidium floridum (blue palo verde), Cercidium microphyllum (little leaf palo verde), Dalea spinosa (smoke tree), Olneya tesota (ironwood tree), and Fouquieria splendens (ocotillo), or any part thereof, except the fruit thereof, which is harvested without having the limbs and foliage removed. (e) “Bough” means any limb or foliage removed from an evergreen tree. (f) “Peace officer” means any county or state fire warden, personnel of the Department of Forestry and Fire Protection as designated by the Director of Forestry and Fire Protection, personnel of the United States Forest Service as designated by the Regional Forester, Region 5 of the United States Forest Service, personnel of the United States Department of the Interior as designated by them, or any peace officer of the State of California. (g) “Harvest” means to remove or cut and remove from the place where grown. (h) “Harvester” means a person who harvests a tree, shrub, or bough. (Amended by Stats. 1992, Ch. 427, Sec. 126. Effective January 1, 1993.)
  154. 384c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Certain tree, shrub, and bough transport over public roads requires transportation tags, and false statements on tag applications are prohibited.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384c. Persons purchasing trees, shrubs, or boughs from harvesters thereof shall not transport more than five trees or more than five pounds of shrubs or boughs on the public roads or highways without obtaining from the seller of the trees, shrubs, or boughs and having validated as provided in Section 384d a transportation tag for each load of the trees, shrubs, or boughs. Unless a valid transportation tag issued in California for a tree, shrub, or bough has already been obtained, persons who harvest trees, shrubs, or boughs from their own land or the land of another or who are in possession of trees, shrubs, or boughs shall, before transporting on the public roads or highways or selling or consigning for removal and transportation over the public roads and highways more than five trees or more than five pounds of other shrubs or boughs, file with the sheriff of each county in which the trees, shrubs, or boughs are to be harvested an application for transportation tags and obtain a supply of these transportation tags sufficient to provide one tag for each load of trees, shrubs, or boughs to be so transported or sold. No person shall knowingly make any false statement on any application for the transportation tags and the application shall contain, but is not limited to, the following information: (a) The name and address of the applicant. (b) The amount and species of trees, shrubs, or boughs to be transported. (c) The name of the county from which the trees, shrubs, or boughs are to be removed. (d) A legal description of the real property from which the trees, shrubs, or boughs are to be removed. (e) The name or names of the owner of the real property from which the trees, shrubs, or boughs are to be removed. (f) The applicant’s timber operator permit number, if the harvesting of the trees, shrubs, or boughs is subject to the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code). (g) The destination of the trees, shrubs, or boughs. (h) The proposed date or dates of the transportation. Every applicant shall, at the time of application, show to the sheriff his or her permit or proof of ownership of the trees, shrubs, or boughs. The application forms and transportation tags shall be printed and distributed by the sheriff of each county. (Amended by Stats. 1982, Ch. 1318, Sec. 3.)
  155. 384d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    This section requires county-issued transportation tags for certain trees, shrubs, or boughs, and sets rules for furnishing, validating, retaining, and completing those tags during transport.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384d. Upon the filing of an application containing the information required by Section 384c, and the presentation of a permit or proof of ownership as required by Section 384c, the county sheriff’s office shall issue to persons who harvest or have in their possession, trees, shrubs or boughs within the county sufficient transportation tags stamped with the county seal and identified by the applicant’s timber operator permit number, if any, to enable the person transporting any of the trees, shrubs or boughs harvested within the county by the applicant to have a tag accompany each and every load of such trees, shrubs or boughs. Harvesters of trees, shrubs or boughs, when selling from stockpile location, shall furnish to the purchaser of trees, shrubs or boughs a bill of sale and a transportation tag for each load or part thereof bearing the harvester’s timber operator permit number, if any, and other information as hereinafter required. The purchaser of harvested trees, shrubs or boughs or the harvester when transporting his own trees, shrubs or boughs shall have the transportation tag validated by a peace officer in the county of purchase or harvest or by the nearest peace officer in an adjacent county when the transportation route used does not pass an office of a peace officer in the county of purchase or harvest. The validated transportation tag or tags shall remain with the load to the marketing area. The transportation tags shall be in two parts; one to be retained by the transporting party; one to be retained by the validating peace officer and forwarded to the county sheriff. The transportation tags shall be validated and in force only for the proposed date or dates of transportation as specified in the application for the transportation tags. The transportation tags will be validated without fee and each shall contain the following information: name and address of the person obtaining and using the tag; number or amount of each species of trees, shrubs and boughs in the load; make, model and license number of the transporting vehicle; the county of origin and county of destination; the specified period of time during which the transportation tag is in force; date and validating signature and title of a peace officer. (Amended by Stats. 1977, Ch. 32.)
  156. 384e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A transportation tag must be shown to a peace officer on demand, and failure to do so can lead to the load of trees, shrubs, or boughs being held in protective custody until proof of the right to transport is provided.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384e. (a) The transportation tag described in Section 384d shall be presented to any peace officer upon demand. (b) Failure to produce a transportation tag properly filled out and validated upon demand of any peace officer shall constitute sufficient grounds to hold in protective custody the entire load of trees, shrubs or boughs, until proof of legal right to transport is furnished. (Added by Stats. 1963, Ch. 1830.)
  157. 384f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who violates Sections 384b through 384f commits a misdemeanor and may be fined up to $1,000, jailed up to six months, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384f. Any person violating any of the provisions of Sections 384b through 384f shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail not exceeding six months or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 281. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  158. 384h

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who willfully or negligently harms another person’s animal while hunting on enclosed land is guilty of a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384h. Every person who willfully or negligently, while hunting upon the inclosed lands of another, kills, maims, or wounds an animal, the property of another, is guilty of a misdemeanor. (Added by renumbering Section 384c by Stats. 1963, Ch. 1830.)
  159. 384i

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Sections 384a to 384f do not apply in three listed situations: certain public agency maintenance and construction work, specified transported native desert plants with a valid nursery stock certificate, and acts regulated by Division 23 of the Food and Agricultural Code.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 384i. (a) Sections 384a to 384f, inclusive, shall not apply to maintenance and construction activities of public agencies and their employees. (b) Sections 384b to 384f, inclusive, shall not apply to native desert plants described in subdivision (b) of Section 384b, that have been propagated and cultivated by human beings and which are being transported under Section 6922 or 6923 of the Food and Agricultural Code, pursuant to a valid nursery stock certificate. (c) Sections 384a to 384f, inclusive, shall not apply to any act regulated by the provisions of Division 23 (commencing with Section 80001) of the Food and Agricultural Code. (Amended by Stats. 1987, Ch. 828, Sec. 25.)
  160. 385.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    This section bans working equipment or structures within six feet of a high-voltage overhead conductor, and it requires a posted warning sign for certain moving equipment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 385. (a) The term “high voltage” as used in this section means a voltage in excess of 750 volts, measured between conductors or measured between the conductor and the ground. The term “overhead conductor” as used in this section means any electrical conductor (either bare or insulated) installed above the ground except such conductors as are enclosed in iron pipe or other metal covering of equal strength. (b) Any person who either personally or through an employee or agent, or as an employee or agent of another, operates, places, erects or moves any tools, machinery, equipment, material, building or structure within six feet of a high voltage overhead conductor is guilty of a misdemeanor. (c) It shall be a misdemeanor to own, operate or to employ any person to operate, any crane, derrick, power shovel, drilling rig, hay loader, hay stacker, pile driver, or similar apparatus, any part of which is capable of vertical, lateral or swinging motion, unless there is posted and maintained in plain view of the operator thereof, a durable warning sign legible at 12 feet, reading: “Unlawful to operate this equipment within six feet of high voltage lines.” Each day’s failure to post or maintain such sign shall constitute a separate violation. (d) The provisions of this section shall not apply to (1) the construction, reconstruction, operation or maintenance of any high voltage overhead conductor, or its supporting structures or appurtenances by persons authorized by the owner, or (2) the operation of standard rail equipment which is normally used in the transportation of freight or passengers, or the operation of relief trains or other emergency railroad equipment by persons authorized by the owner, or (3) any construction, reconstruction, operation or maintenance of any overhead structures covered by the rules for overhead line construction prescribed by the Public Utilities Commission of the State of California. (Added by Stats. 1947, Ch. 1229.)
  161. 386.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who willfully or maliciously installs or keeps a fire-protection system in a structure to use an inoperable system or interfere with safe operation can be imprisoned.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 386. (a) Any person who willfully or maliciously constructs or maintains a fire-protection system in any structure with the intent to install a fire protection system which is known to be inoperable or to impair the effective operation of a system, so as to threaten the safety of any occupant or user of the structure in the event of a fire, shall be subject to imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (b) A violation of subdivision (a) which proximately results in great bodily injury or death is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for five, six, or seven years. (c) As used in this section, “fire-protection system” includes, but is not limited to, an automatic fire sprinkler system, standpipe system, automatic fixed fire extinguishing system, and fire alarm system. (d) For purposes of this section, the following definitions shall control: (1) “Automatic fire sprinkler system” means an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. Each sprinkler system riser includes a device for activating an alarm when the system is in operation. The system is normally activated by heat from a fire, and it discharges water over the fire area. (2) “Standpipe system” means an arrangement of piping, valves, and hose connectors and allied equipment installed in a building or structure with the hose connectors located in a manner that water can be discharged in streams or spray patterns through attached hose and nozzles. The purpose of the system is to extinguish a fire, thereby protecting a building or structure and its contents and occupants. This system relies upon connections to water supply systems or pumps, tanks, and other equipment necessary to provide an adequate supply of water to the hose connectors. (3) “Automatic fixed fire extinguishing system” means either of the following: (A) An engineered fixed extinguishing system which is custom designed for a particular hazard, using components which are approved or listed only for their broad performance characteristics. Components may be arranged into a variety of configurations. These systems shall include, but not be limited to, dry chemical systems, carbon dioxide systems, halogenated agent systems, steam systems, high expansion foam systems, foam extinguishing systems, and liquid agent systems. (B) A pre-engineered fixed extinguishing system is a system where the number of components and their configurations are included in the description of the system’s approval and listing. These systems include, but are not limited to, dry chemical systems, carbon dioxide systems, halogenated agent systems, and liquid agent systems. (4) “Fire alarm system” means a control unit and a combination of electrical interconnected devices designed and intended to cause an alarm or warning of fire in a building or structure by either manual or automatic activation, or by both, and includes the systems installed throughout any building or portion thereof. (5) “Structure” means any building, whether private, commercial, or public, or any bridge, tunnel, or powerplant. (Amended by Stats. 2011, Ch. 15, Sec. 342. (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.)
  162. 387.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Certain corporations, LLCs, and managers must promptly notify the California workplace safety division and warn affected employees when they know of a serious concealed danger.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 387. (a) Any corporation, limited liability company, or person who is a manager with respect to a product, facility, equipment, process, place of employment, or business practice, is guilty of a public offense punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment; or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000); or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company the fine shall not exceed one million dollars ($1,000,000), if that corporation, limited liability company, or person does all of the following: (1) Has actual knowledge of a serious concealed danger that is subject to the regulatory authority of an appropriate agency and is associated with that product or a component of that product or business practice. (2) Knowingly fails during the period ending 15 days after the actual knowledge is acquired, or if there is imminent risk of great bodily harm or death, immediately, to do both of the following: (A) Inform the Division of Occupational Safety and Health in the Department of Industrial Relations in writing, unless the corporation, limited liability company, or manager has actual knowledge that the division has been so informed. Where the concealed danger reported pursuant to this paragraph is subject to the regulatory authority of an agency other than the Division of Occupational Safety and Health in the Department of Industrial Relations, it shall be the responsibility of the Division of Occupational Safety and Health in the Department of Industrial Relations, within 24 hours of receipt of the information, to telephonically notify the appropriate government agency of the hazard, and promptly forward any written notification received. (B) Warn its affected employees in writing, unless the corporation, limited liability company, or manager has actual knowledge that the employees have been so warned. The requirement for disclosure is not applicable if the hazard is abated within the time prescribed for reporting, unless the appropriate regulatory agency nonetheless requires disclosure by regulation. Where the Division of Occupational Safety and Health in the Department of Industrial Relations was not notified, but the corporation, limited liability company, or manager reasonably and in good faith believed that they were complying with the notification requirements of this section by notifying another government agency, as listed in paragraph (8) of subdivision (d), no penalties shall apply. (b) As used in this section: (1) “Manager” means a person having both of the following: (A) Management authority in or as a business entity. (B) Significant responsibility for any aspect of a business that includes actual authority for the safety of a product or business practice or for the conduct of research or testing in connection with a product or business practice. (2) “Product” means an article of trade or commerce or other item of merchandise that is a tangible or an intangible good, and includes services. (3) “Actual knowledge,” used with respect to a serious concealed danger, means has information that would convince a reasonable person in the circumstances in which the manager is situated that the serious concealed danger exists. (4) “Serious concealed danger,” used with respect to a product or business practice, means that the normal or reasonably foreseeable use of, or the exposure of an individual to, the product or business practice creates a substantial probability of death, great bodily harm, or serious exposure to an individual, and the danger is not readily apparent to an individual who is likely to be exposed. (5) “Great bodily harm” means a significant or substantial physical injury. (6) “Serious exposure” means any exposure to a hazardous substance, when the exposure occurs as a result of an incident or exposure over time and to a degree or in an amount sufficient to create a substantial probability that death or great bodily harm in the future would result from the exposure. (7) “Warn its affected employees” means give sufficient description of the serious concealed danger to all individuals working for or in the business entity who are likely to be subject to the serious concealed danger in the course of that work to make those individuals aware of that danger. (8) “Appropriate government agency” means an agency on the following list that has regulatory authority with respect to the product or business practice and serious concealed dangers of the sort discovered: (A) The Division of Occupational Safety and Health in the Department of Industrial Relations. (B) State Department of Health Services. (C) Department of Agriculture. (D) County departments of health. (E) The United States Food and Drug Administration. (F) The United States Environmental Protection Agency. (G) The National Highway Traffic Safety Administration. (H) The Federal Occupation Safety and Health Administration. (I) The Nuclear Regulatory Commission. (J) The Consumer Product Safety Commission. (K) The Federal Aviation Administration. (L) The Federal Mine Safety and Health Review Commission. (c) Notification received pursuant to this section shall not be used against any manager in any criminal case, except a prosecution for perjury or for giving a false statement. (d) No person who is a manager of a limited liability company shall be personally liable for acts or omissions for which the limited liability company is liable under subdivision (a) solely by reason of being a manager of the limited liability company. A person who is a manager of a limited liability company may be held liable under subdivision (a) if that person is also a “manager” within the meaning of paragraph (1) of subdivision (b). (Amended by Stats. 2011, Ch. 15, Sec. 343. (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.)
  163. 395.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who willfully makes or publishes false statements, spreads false rumors, or uses other false or fraudulent means to affect a property’s market price commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 395. Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor. (Enacted 1872.)
  164. 396.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    During an emergency, sellers are generally barred from sharply raising prices on listed essential goods, services, housing, and hotel/motel rates, with specific time limits and cost-based exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 396. (a) The Legislature hereby finds that during a state of emergency or local emergency, including, but not limited to, an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods and services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency or local emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the Legislature in enacting this act to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency or local emergency for goods and services that are vital and necessary for the health, safety, and welfare of consumers, whether those goods and services are offered or sold in person, in stores, or online. Further, it is the intent of the Legislature that this section be liberally construed so that its beneficial purposes may be served. (b) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for a person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than 10 percent greater than the price charged by that person for those goods or services immediately prior to the proclamation or declaration of emergency, or prior to a date set in the proclamation or declaration. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, during the state of emergency or local emergency, and the price is no more than 10 percent greater than the total of the cost to the seller plus the markup customarily applied by that seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. If the person, contractor, business, or other entity did not charge a price for the goods or services immediately prior to the proclamation or declaration of emergency, it may not charge a price that is more than 50 percent greater than the cost thereof to the vendor as “cost” is defined in Section 17026 of the Business and Professions Code. (c) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county, and for a period of 180 days following that proclamation or declaration, it is unlawful for a contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than 10 percent above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, during the state of emergency or local emergency, and the price represents no more than 10 percent greater than the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. (d) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for an owner or operator of a hotel or motel to increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10 percent. However, a greater price increase is not unlawful if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates. (e) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any city, county, or city and county, and for a period of 30 days following that proclamation or declaration, or any period the proclamation or declaration is extended by the applicable authority, it is unlawful for any person, business, or other entity, to increase the rental price, as defined in paragraph (11) of subdivision (j), advertised, offered, or charged for housing, to an existing or prospective tenant, by more than 10 percent. However, a greater rental price increase is not unlawful if that person can prove that the increase is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that caused the rent to be increased greater than 10 percent or that an increase was contractually agreed to by the tenant prior to the proclamation or declaration. It shall not be a defense to a prosecution under this subdivision that an increase in rental price was based on the length of the rental term, the inclusion of additional goods or services, except as provided in paragraph (11) of subdivision (j) with respect to furniture, or that the rent was offered by, or paid by, an insurance company, or other third party, on behalf of a tenant. This subdivision does not authorize a landlord to charge a price greater than the amount authorized by a local rent control ordinance. (f) It is unlawful for a person, business, or other entity to evict any residential tenant of residential housing after the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any city, county, or city and county, and for a period of 30 days following that proclamation or declaration, or any period that the proclamation or declaration is extended by the applicable authority and rent or offer to rent to another person at a rental price greater than the evicted tenant could be charged under this section. It shall not be a violation of this subdivision for a person, business, or other entity to continue an eviction process that was lawfully begun prior to the proclamation or declaration of emergency. (g) The prohibitions of this section may be extended for additional periods, as needed, by a local legislative body, local official, the Governor, or the Legislature, if deemed necessary to protect the lives, property, or welfare of the citizens. Each extension by a local legislative body or local official shall not exceed 30 days. An extension may also authorize specified price increases that exceed the amount that would be permissible under this section during the initial 30 or 180 days after a proclamation or declaration of emergency. (h) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. (i) A violation of this section shall constitute an unlawful business practice and an act of unfair competition within the meaning of Section 17200 of the Business and Professions Code. The remedies and penalties provided by this section are cumulative to each other, the remedies under Section 17200 of the Business and Professions Code, and the remedies or penalties available under all other laws of this state. (j) For the purposes of this section, the following terms have the following meanings: (1) “State of emergency” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor. (2) “Local emergency” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California. (3) “Consumer food item” means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal. (4) “Repair or reconstruction services” means services performed by any person who is required to be licensed under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), for repairs to residential or commercial property of any type that is damaged as a result of a disaster. (5) “Emergency supplies” includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers. (6) “Medical supplies” includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products. (7) “Building materials” means lumber, construction tools, windows, and anything else used in the building or rebuilding of property. (8) “Gasoline” means any fuel used to power any motor vehicle or power tool. (9) “Transportation, freight, and storage services” means any service that is performed by any company that contracts to move, store, or transport personal or business property or that rents equipment for those purposes, including towing services. (10) “Housing” means any rental housing with an initial lease term of no longer than one year, including, but not limited to, a space rented in a mobilehome park or campground. (11) “Rental price” for housing means any of the following: (A) For housing rented within one year prior to the time of the proclamation or declaration of emergency, the actual rental price paid by the tenant. For housing not rented at the time of the declaration or proclamation, but rented, or offered for rent, within one year prior to the proclamation or declaration of emergency, the most recent rental price offered before the proclamation or declaration of emergency. For housing rented at the time of the proclamation or declaration of emergency but which becomes vacant while the proclamation or declaration of emergency remains in effect and which is subject to any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a tenant for rent, the actual rental price paid by the previous tenant or the amount specified in subparagraph (B), whichever is greater. This amount may be increased by 5 percent if the housing was previously rented or offered for rent unfurnished, and it is now being offered for rent fully furnished. This amount shall not be adjusted for any other good or service, including, but not limited to, gardening or utilities currently or formerly provided in connection with the lease. (B) For housing not rented and not offered for rent within one year prior to the proclamation or declaration of emergency, 160 percent of the fair market rent established by the United States Department of Housing and Urban Development. This amount may be increased by 5 percent if the housing is offered for rent fully furnished. This amount shall not be adjusted for any other good or service, including, but not limited to, gardening or utilities currently or formerly provided in connection with the lease. (C) Housing advertised, offered, or charged, at a daily rate at the time of the declaration or proclamation of emergency, shall be subject to the rental price described in subparagraph (A), if the housing continues to be advertised, offered, or charged, at a daily rate. Housing advertised, offered, or charged, on a daily basis at the time of the declaration or proclamation of emergency, shall be subject to the rental price in subparagraph (B), if the housing is advertised, offered, or charged, on a periodic lease agreement after the declaration or proclamation of emergency. (D) For mobilehome spaces rented to existing tenants at the time of the proclamation or declaration of emergency and subject to a local rent control ordinance, the amount authorized under the local rent control ordinance. For new tenants who enter into a rental agreement for a mobilehome space that is subject to rent control but not rented at the time of the proclamation or declaration of emergency, the amount of rent last charged for a space in the same mobilehome park. For mobilehome spaces not subject to a local rent control ordinance and not rented at the time of the proclamation or declaration of emergency, the amount of rent last charged for the space. (12) “Goods” has the same meaning as defined in subdivision (c) of Section 1689.5 of the Civil Code. (k) This section does not preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited by this section. (l) A business offering an item for sale, or a service, at a reduced price immediately prior to the proclamation or declaration of the emergency may use the price it normally charges for the item or service to calculate the price pursuant to subdivision (b) or (c). (m) This section does not prohibit an owner from evicting a tenant for any lawful reason, including pursuant to Section 1161 of the Code of Civil Procedure. (Amended by Stats. 2020, Ch. 339, Sec. 1. (SB 1196) Effective January 1, 2021.)
  165. 396.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    Retail food stores, wholesale food concerns, and any person must not trade unauthorized goods or services for CalFresh benefits.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 396.5. It shall be unlawful for any retail food store or wholesale food concern, as defined in Section 3(k) of the federal Food and Nutrition Act of 2008 (Public Law 95-113) (7 U.S.C. Sec. 2012(k)), or any person, to sell, furnish or give away any goods or services, other than those items authorized by the Food Stamp Act of 1964, as amended (Public Law 88-525) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code), in exchange for CalFresh benefits issued pursuant to Chapter 10 (commencing with Section 18900), Part 6, Division 9 of the Welfare and Institutions Code. Any violator of this section is guilty of a misdemeanor and shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment in the county jail not exceeding 90 days, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 227, Sec. 15. (AB 1400) Effective January 1, 2012.)
  166. 397.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person must not sell or provide intoxicating liquor to a habitual or common drunkard, or to someone adjudged legally incompetent or insane and not restored to legal capacity, when the seller knows that status.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 397. Every person who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any habitual or common drunkard, or to any person who has been adjudged legally incompetent or insane by any court of this State and has not been restored to legal capacity, knowing such person to have been so adjudged, is guilty of a misdemeanor. (Amended by Stats. 1953, Ch. 146.)
  167. 398.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    An animal owner or custodian who knows, or should know, that the animal bit someone must give the bitten person their contact details and the animal’s license tag information within 48 hours, and may need to give rabies vaccination status information too.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 398. (a) If a person owning or having custody or control of an animal knows, or has reason to know, that the animal bit another person, he or she shall, as soon as is practicable, but no later than 48 hours thereafter, provide the other person with his or her name, address, telephone number, and the name and license tag number of the animal who bit the other person. If the person with custody or control of the animal at the time the bite occurs is a minor, he or she shall instead provide identification or contact information of an adult owner or responsible party. If the animal is required by law to be vaccinated against rabies, the person owning or having custody or control of the animal shall, within 48 hours of the bite, provide the other person with information regarding the status of the animal’s vaccinations. Violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100). (b) For purposes of this section, it is necessary for the skin of the person to be broken or punctured by the animal for the contact to be classified as a bite. (Amended by Stats. 2008, Ch. 179, Sec. 178. Effective January 1, 2009.)
  168. 399.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who controls a mischievous animal and knows its propensities must not let it run at large or keep it without ordinary care.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 399. (a) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony. (b) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, causes serious bodily injury to any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a misdemeanor or a felony. (Amended by Stats. 2001, Ch. 257, Sec. 1. Effective September 5, 2001.)
  169. 399.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who owns or controls a dog trained to fight, attack, or kill can be guilty of a felony or misdemeanor if the dog bites a human under the stated conditions; the court must hold a hearing after conviction and may order measures to prevent it happening again.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 399.5. (a) Any person owning or having custody or control of a dog trained to fight, attack, or kill is guilty of a felony or a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment, if, as a result of that person’s failure to exercise ordinary care, the dog bites a human being, on two separate occasions or on one occasion causing substantial physical injury. No person shall be criminally liable under this section, however, unless he or she knew or reasonably should have known of the vicious or dangerous nature of the dog, or if the victim failed to take all the precautions that a reasonable person would ordinarily take in the same situation. (b) Following the conviction of an individual for a violation of this section, the court shall hold a hearing to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bite or bites have changed so as to remove the danger to other persons presented by the animal. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. (c) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) based on a bite or bites inflicted upon a trespasser, upon a person who has provoked the dog or contributed to his or her own injuries, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity. As used in this subdivision, “provocation” includes, but is not limited to, situations where a dog held on a leash by its owner or custodian reacts in a protective manner to a person or persons who approach the owner or custodian in a threatening manner. (d) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 399 or any other provision of law. (e) This section shall not apply to a veterinarian or an on-duty animal control officer while in the performance of his or her duties, or to a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, if he or she is assigned to a canine unit. (Amended by Stats. 2011, Ch. 15, Sec. 344. (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.)
  170. 4000.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County jail sheriffs must keep the jails and use them only for the listed detention and confinement purposes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4000. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows: 1. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases; 2. For the detention of persons charged with crime and committed for trial; 3. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law; 4. For the confinement of persons sentenced to imprisonment therein upon a conviction for crime. 5. For the confinement of persons pursuant to subdivision (b) of Section 3454 for a violation of the terms and conditions of their postrelease community supervision. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 34. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  171. 4000.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A county sheriff may transfer prisoners from a county jail to a county industrial road camp.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4000.5. Notwithstanding any other provision of law, the sheriff of any county may transfer prisoners committed to any jail of the county to any industrial road camp maintained by the county. (Added by Stats. 1989, Ch. 897, Sec. 44.)
  172. 4001.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Each county jail must have enough rooms to keep the listed custody classes separated from one another.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4001. Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belonging to either of the other classes: 1. Persons committed on criminal process and detained for trial; 2. Persons already convicted of crime and held under sentence; 3. Persons detained as witnesses or held under civil process, or under an order imposing punishment for a contempt. (Amended by Stats. 1975, Ch. 592.)
  173. 4001.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Law enforcement and correctional officials may not promise, offer, or give more than $50 to an in-custody informant for testimony, and agencies and their informants may not take deliberate steps to elicit incriminating remarks beyond merely listening.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4001.1. (a) No law enforcement or correctional official shall give, offer, or promise to give any monetary payment in excess of fifty dollars ($50) in return for an in-custody informant’s testimony in any criminal proceeding. Nothing contained herein shall prohibit payments incidental to the informant’s testimony such as expenses incurred for witness or immediate family relocation, lodging, housing, meals, phone calls, travel, or witness fees authorized by law, provided those payments are supported by appropriate documentation demonstrating that the money was used for the purposes for which it was given. (b) No law enforcement agency and no in-custody informant acting as an agent for the agency, may take some action, beyond merely listening to statements of a defendant, that is deliberately designed to elicit incriminating remarks. (c) As used in this section, an “in-custody informant” means a person described in subdivision (a) of Section 1127a. (Added by Stats. 1989, Ch. 901, Sec. 3.)
  174. 4001.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County jails must ask detained people whether they have served in the U.S. military, record the answer, and share that information with the person, the person's counsel, and the district attorney.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4001.2. (a) Each county jail shall, upon detention of a person, ask if the person has served in the United States military and document the person’s response. (b) The county jail shall make this information available to the person, his or her counsel, and the district attorney. (c) This section shall become operative on January 1, 2020. (Added by Stats. 2018, Ch. 281, Sec. 1. (AB 2568) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  175. 4002.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section separates different categories of prisoners and limits when they may be housed together. It also requires court findings before a waiver of secure housing can be granted for an alleged sexually violent predator held pending civil process.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4002. (a) Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, shall not be kept or put in the same room, nor shall male and female prisoners, except spouses, sleep, dress or undress, bathe, or perform eliminatory functions in the same room. However, persons committed on criminal process and detained for trial may be kept or put in the same room with persons convicted and under sentence for the purpose of participating in supervised activities and for the purpose of housing, provided, that the housing occurs as a result of a classification procedure that is based upon objective criteria, including consideration of criminal sophistication, seriousness of crime charged, presence or absence of assaultive behavior, age, and other criteria that will provide for the safety of the prisoners and staff. (b) Inmates who are held pending civil process under the sexually violent predator laws shall be held in administrative segregation. For purposes of this subdivision, administrative segregation means separate and secure housing that does not involve any deprivation of privileges other than what is necessary to protect the inmates and staff. Consistent with Section 1610, to the extent possible, the person shall continue in his or her course of treatment, if any. An alleged sexually violent predator held pending civil process may waive placement in secure housing by petitioning the court for a waiver. In order to grant the waiver, the court must find that the waiver is voluntary and intelligent, and that granting the waiver would not interfere with any treatment programming for the person requesting the waiver. A person granted a waiver shall be placed with inmates charged with similar offenses or with similar criminal histories, based on the objective criteria set forth in subdivision (a). (c) Nothing in this section shall be construed to impose any requirement upon a county to confine male and female prisoners in the same or an adjoining facility or impose any duty upon a county to establish or maintain programs which involve the joint participation of male and female prisoners. (Amended by Stats. 2016, Ch. 50, Sec. 74. (SB 1005) Effective January 1, 2017.)
  176. 4002.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County jail sheriffs or administrators must create and carry out a breast milk feeding policy for lactating inmates by January 1, 2020.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4002.5. (a) On or before January 1, 2020, the sheriff of each county or the administrator of each county jail shall develop and implement an infant and toddler breast milk feeding policy for lactating inmates detained in or sentenced to a county jail. The policy shall be based on currently accepted best practices. The policy shall include all of the following provisions: (1) Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning. (2) Procedures providing for human milk expression, disposal, and same-day storage for later retrieval and delivery to an infant or toddler by an approved person, at the option of the lactating inmate and with the approval of the facility administrator. (3) Procedures for conditioning an inmate’s participation in the program upon the inmate undergoing drug screening. (b) The infant and toddler breast milk feeding policy for lactating inmates shall be posted in all locations in the jail where medical care is provided and the provisions of the policy shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates. (c) This section applies without regard to whether the jail is operated pursuant to a contract with a private contractor and without regard to whether the inmate has been charged with or convicted of a crime. (Added by Stats. 2018, Ch. 944, Sec. 1. (AB 2507) Effective January 1, 2019.)
  177. 4003.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Jail desk clerks or other proper officers must give an arrested person a receipt without delay when property is taken from them at detention intake.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4003. Whenever any weapon or other personal property is taken from an arrested person, it shall be the duty of the desk clerk or other proper officer of any city, county or city and county jail, to which such person is committed for detention, to give a receipt to such person without delay for the property taken. (Added by Stats. 1941, Ch. 106.)
  178. 4004.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A prisoner must stay confined in county jail until lawfully discharged, unless a legal order or process allows release or removal.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4004. A prisoner committed to the county jail for examination, or upon conviction for a public offense, must be actually confined in the jail until legally discharged; and if the prisoner is permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape; provided, however, that during the pendency of a criminal proceeding, the court before which said proceeding is pending may make a legal order, good cause appearing therefor, for the removal of the prisoner from the county jail in custody of the sheriff. In courts where there is a marshal, the marshal shall maintain custody of such prisoner while the prisoner is in the court facility pursuant to such court order. The superior court of the county may make a legal order, good cause appearing therefor, for the removal of prisoners confined in the county jail, after conviction, in the custody of the sheriff. If facilities are no longer available in the county jail due to crowded conditions, a sheriff may transfer a person committed to the county jail upon conviction for a public offense to facilities which are available in the city jail, as provided for in Section 4004.5. (Amended by Stats. 1998, Ch. 931, Sec. 433. Effective September 28, 1998.)
  179. 4004.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A city may provide jail facilities for certain prisoners, and the marshal may keep those prisoners in the city jail.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4004.5. (a) A city may furnish facilities to be used for holding prisoners held for examination or during trial without cost to the county or upon such terms as may be agreed upon by the governing body of the city and the board of supervisors, and the marshal may keep the prisoners in their custody in the city jail. (b) A city may furnish facilities to be used for holding persons convicted of a public offense who have been transferred from the county jail by the sheriff due to crowded conditions upon those terms as may be agreed upon by the governing body of the city and the board of supervisors. The agreed terms may indicate that the facilities are to be provided free of charge to the county. (Amended by Stats. 1996, Ch. 872, Sec. 123. Effective January 1, 1997.)
  180. 4005.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The sheriff must receive and hold certain federal prisoners in the county jail, unless subdivision (b) applies or its space and county-location conditions are not 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 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4005. (a) Except as provided in subdivision (b), the sheriff shall receive, and keep in the county jail, any prisoner committed thereto by process or order issued under the authority of the United States, until he or she is discharged according to law, as if he or she had been committed under process issued under the authority of this state; provision being made by the United States for the support of the prisoner. (b) The sheriff shall receive, and keep in the county jail, any prisoner committed thereto by process or order issued under the authority of the United States, until he or she is discharged according to law, as if he or she had been committed under process issued under the authority of this state, but only if the sheriff determines that adequate space in appropriate detention areas currently exists for this purpose. Provision shall be made by the United States for the support of the prisoner. This subdivision shall apply only in counties where a facility operated by the United States Bureau of Prisons exists within 200 miles of the county seat. (Amended by Stats. 1986, Ch. 523, Sec. 1. Effective July 24, 1986.)
  181. 4006.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A sheriff is responsible for the safekeeping of a prisoner committed to the sheriff’s custody under the prior 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 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4006. A sheriff, to whose custody a prisoner is committed as provided in the last section, is answerable for his safekeeping in the courts of the United States, according to the laws thereof. (Added by Stats. 1941, Ch. 106.)
  182. 4006.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A county board or city council may contract with the federal government to run a federal prison in the county or city, and if it does, the sheriff or chief of police has exclusive control over the prison 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 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4006.5. (a) Notwithstanding any other provision of law, a county board of supervisors or city council may enter into a contract with the federal government, or any department or agency thereof, to manage, control, and operate a federal prison located within the boundaries of that county or city. (b) If a city or county enters into a contract pursuant to subdivision (a), the sheriff or chief of police, as appropriate, shall have sole and exclusive authority to keep the prison and the prisoners in it. (c) If a city or county enters into a contract pursuant to subdivision (a), the employees working in the prison shall be employees of, and under the authority of, the sheriff or chief of police, as appropriate. (Added by Stats. 1997, Ch. 468, Sec. 1. Effective January 1, 1998.)
  183. 4007.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section lets a superior court judge move a county prisoner to another county jail or a state prison/correctional facility in specified situations, and requires a prompt hearing and notice 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 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4007. When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the judge of the superior court may, by a written order filed with the clerk of the court, designate the jail of a contiguous county for the confinement of any prisoner of his or her county, and may at any time modify or vacate the order. When there are reasonable grounds to believe that a prisoner may be forcibly removed from a county jail, the sheriff may remove the prisoner to any California state prison for safekeeping and it is the duty of the warden of the prison to accept and detain the prisoner in his or her custody until his or her removal is ordered by the superior court of the county from which he or she was delivered. Immediately upon receiving the prisoner the warden shall advise the Director of Corrections of that fact in writing. When a county prisoner requires medical treatment necessitating hospitalization which cannot be provided at the county jail or county hospital because of lack of adequate detention facilities, and when the prisoner also presents a serious custodial problem because of his or her past or present behavior, the judge of the superior court may, on the request of the county sheriff and with the consent of the Director of Corrections, designate by written order the nearest state prison or correctional facility which would be able to provide the necessary medical treatment and secure confinement of the prisoner. The written order of the judge shall be filed with the clerk of the court. The court shall immediately calendar the matter for a hearing to determine whether the order shall continue or be rescinded. The hearing shall be held within 48 hours of the initial order or the next judicial day, whichever occurs later. The prisoner shall not be transferred to the state prison or correctional facility prior to the hearing, except upon a determination by the physician responsible for the prisoner’s health care that a medical emergency exists which requires the transfer of the prisoner to the state prison or correctional facility prior to the hearing. The prisoner shall be entitled to be present at the hearing and to be represented by counsel. The prisoner may waive his or her right to this hearing in writing at any time. If the prisoner waives his or her right to the hearing, the county sheriff shall notify the prisoner’s attorney of the transfer within 48 hours, or the next business day, whichever is later. The court may modify or vacate the order at any time. The rate of compensation for the prisoner’s medical treatment and confinement within a California state prison or correctional facility shall be established by the Department of Corrections, and shall be charged against the county making the request. When there are reasonable grounds to believe that there is a prisoner in a county jail who is likely to be a threat to other persons in the facility or who is likely to cause substantial damage to the facility, the judge of the superior court may, on the request of the county sheriff and with the consent of the Director of Corrections, designate by written order the nearest state prison or correctional facility which would be able to secure confinement of the prisoner, subject to space available. The written order of the judge must be filed with the clerk of the court. The court shall immediately calendar the matter for a hearing to determine whether the order shall continue or be rescinded. The hearing shall be held within 48 hours of the initial order or the next judicial day, whichever occurs later. The prisoner shall be entitled to be present at the hearing and to be represented by counsel. The court may modify or vacate that order at any time. The rate of compensation for the prisoner’s confinement within a California state prison or correctional facility shall be established by the Department of Corrections and shall be charged against the county making the request. (Amended by Stats. 2002, Ch. 784, Sec. 562. Effective January 1, 2003.)
  184. 4008.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A certified copy of the appointment must be served on the designated sheriff or jail keeper, and that person must accept prisoners authorized under Section 4007 and keep them safe.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4008. A copy of the appointment, certified by the clerk of the court, must be served on the sheriff or keeper of the jail designated, who must receive into the jail all prisoners authorized to be confined therein, pursuant to Section 4007, and who is responsible for the safekeeping of the persons so committed, in the same manner and to the same extent as if the sheriff or keeper of the jail were sheriff of the county for whose use the jail is designated, and with respect to the persons so committed the sheriff or keeper of the jail is deemed the sheriff of the county from which they were removed. (Amended by Stats. 2002, Ch. 784, Sec. 563. Effective January 1, 2003.)
  185. 4009.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    If the county jail has been built or made safe, the superior court judge must file a written revocation stating that the designation is no longer necessary and is revoked.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4009. When a jail is erected in a county for the use of which the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, the judge of the superior court of that county must, by a written revocation, filed with the clerk of the court, declare that the necessity for the designation has ceased, and that it is revoked. (Amended by Stats. 2002, Ch. 784, Sec. 564. Effective January 1, 2003.)
  186. 401.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person who deliberately helps, advises, or encourages another person to commit suicide commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 401. (a) Any person who deliberately aids, advises, or encourages another to commit suicide is guilty of a felony. (b) A person whose actions are compliant with the provisions of the End of Life Option Act (Part 1.85 (commencing with Section 443) of Division 1 of the Health and Safety Code) shall not be prosecuted under this section. (Amended by Stats. 2018, Ch. 245, Sec. 1. (AB 282) Effective January 1, 2019.)
  187. 4010.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The court clerk must immediately serve the revocation on the county sheriff, and the sheriff must then move the prisoners back to the county jail they came from.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4010. The clerk of the court must immediately serve a copy of the revocation upon the sheriff of the county, who must thereupon remove the prisoners to the jail of the county from which the removal was had. (Amended by Stats. 2002, Ch. 784, Sec. 565. Effective January 1, 2003.)
  188. 4011.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A court may order a jailed prisoner moved to a hospital for needed medical or surgical treatment, and the sheriff or jail official must provide guards during transport or custody.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011. (a) When it is made to appear to any judge by affidavit of the sheriff or other official in charge of county correctional facilities or district attorney and oral testimony that a prisoner confined in any city or county jail within the jurisdiction of the court requires medical or surgical treatment necessitating hospitalization, which treatment cannot be furnished or supplied at such city or county jail, the court in its discretion may order the removal of such person or persons from such city or county jail to the county hospital in such county; provided, if there is no county hospital in such county, then to any hospital designated by such court; and it shall be the duty of the sheriff or other official in charge of county correctional facilities to maintain the necessary guards, who may be private security guards, for the safekeeping of such prisoner, the expense of which shall be a charge against the county. (b) The cost of such medical services and such hospital care and treatment shall be charged against the county subject to subdivisions (c) and (d), in the case of a prisoner in or taken from the county jail, or against the city in the case of a prisoner in or taken from the city jail, and the city or county may recover the same by appropriate action from the person so served or cared for, or any person or agency responsible for his care and maintenance. If the prisoner is in the county jail under contract with a city or under some other arrangement with the city to keep the city prisoner in the county jail, then the city shall be charged, subject to subdivisions (c) and (d), for the prisoner’s care and maintenance with the same right of recovery against any responsible person or any other agency. (c) When such prisoner is poor and indigent the cost of such medical services and such hospital care and treatment shall, in the case of persons removed from the city jail be paid out of the general fund of such city, and in the case of persons removed from the county jail to a hospital other than a county hospital, such cost shall be paid out of the general fund of such county or city and county. In the case of city jail prisoners removed to the county hospital, the cost of such hospital care and treatment to be paid by the city to the county, shall be the rate per day fixed by the board of supervisors of such county. Such board of supervisors may, but need not, fix different rates for different classes of patients, or for different wards, and any and all such rates may be changed by such board of supervisors at any time, but shall at all times approximate as nearly as may be, the average actual cost to the county of such hospital care and treatment either in such wards or for such classes of patients or otherwise. (d) In the event such prisoner is financially able to pay for his care, support and maintenance, the medical superintendent of such hospital other than a county hospital may, with the approval of such judge, enter into a special agreement with such person, or with his relatives or friends, for his care, support, maintenance, and other hospital expenses. Any prisoner may decline such care or treatment and provide other care and treatment for himself at his own expense. (Amended by Stats. 1979, Ch. 124.)
  189. 4011.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Counties, cities, and the Department of the Youth Authority may seek repayment for certain inmate or juvenile medical-care costs, with limits and hearing rights.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.1. (a) Notwithstanding Section 29602 of the Government Code and any other provisions of this chapter, a county, city or the Department of the Youth Authority is authorized to make claim for and recovery of the costs of necessary hospital, medical, surgical, dental, or optometric care rendered to any prisoner confined in a county or city jail or any juvenile confined in a detention facility, who would otherwise be entitled to that care under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) Part 3, Division 9, of the Welfare and Institutions Code), and who is eligible for that care on the first day of confinement or detention, to the extent that federal financial participation is available, or under the provisions of any private program or policy for that care, and the county, city or the Department of the Youth Authority shall be liable only for the costs of that care as cannot be recovered pursuant to this section. No person who is eligible for Medi-Cal shall be eligible for benefits under the provisions of this section, and no county or city or the Department of the Youth Authority is authorized to make a claim for any recovery of costs for services for that person, unless federal financial participation is available for all or part of the costs of providing services to that person under the Medi-Cal Act. Notwithstanding any other provision of law, any county or city making a claim pursuant to this section and under the Medi-Cal Act shall reimburse the Health Care Deposit Fund for the state costs of paying those medical claims. Funds allocated to the county from the County Health Services Fund pursuant to Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare and Institutions Code may be utilized by the county or city to make that reimbursement. (b) Notwithstanding Section 29602 of the Government Code and any other provisions of this chapter, to the extent that recovery of costs of necessary hospital, medical, surgical, dental, or optometric care are not accomplished under subdivision (a), a county, city, or the Department of the Youth Authority is authorized to make claim for and recover from a prisoner or a person legally responsible for a prisoner’s care and maintenance the costs of necessary hospital, medical, surgical, dental, or optometric care rendered to any prisoner confined in a county or city jail, or any juvenile confined in a detention facility, where the prisoner or the person legally responsible for the prisoner’s care and maintenance is financially able to pay for the prisoner’s care, support, and maintenance. Nothing in this subdivision shall be construed to authorize a city, a county, or the Department of the Youth Authority to make a claim against a spouse of a prisoner. (c) Necessary hospital, medical, dental, or optometric care, as used in this section, does not include care rendered with respect to an injury occurring during confinement in a county or city jail or juvenile detention facility, nor does it include any care or testing mandated by law. (d) Subdivisions (b) and (c) shall apply only where there has been a determination of the present ability of the prisoner or responsible third party to pay all or a portion of the cost of necessary hospital, medical, surgical, dental, or optometric care. The person legally responsible for the prisoner’s care shall provide a financial disclosure statement, executed under penalty of perjury, based on his or her past year’s income tax return, to the Department of the Youth Authority. The city, county, or Department of the Youth Authority may request that the prisoner appear before a designated hearing officer for an inquiry into the ability of the prisoner or responsible third party to pay all or part of the cost of the care provided. (e) Notice of this request shall be provided to the prisoner or responsible third party, which shall contain the following: (1) A statement of the cost of the care provided to the prisoner. (2) The prisoner’s or responsible third party’s procedural rights under this section. (3) The time limit within which the prisoner or responsible third party may respond. (4) A warning that if the prisoner or responsible third party fails to appear before, or respond to, the designated officer, the officer may petition the court for an order requiring him or her to make payment of the full cost of the care provided to the prisoner. (f) At the hearing, the prisoner or responsible third party shall be entitled to, but shall not be limited to, all of the following rights: (1) The right to be heard in person. (2) The right to present witnesses and documentary evidence. (3) The right to confront and cross-examine adverse witnesses. (4) The right to have adverse evidence disclosed to him or her. (5) The right to a written statement of the findings of the designated hearing officer. (g) If the hearing officer determines that the prisoner or responsible third party has the present ability to pay all or a part of the cost, the officer shall set the amount to be reimbursed, and shall petition the court to order the prisoner or responsible third party to pay the sum to the city, county, or state, in the manner in which it finds reasonable and compatible to the prisoner’s or responsible third party’s financial ability. The court’s order shall be enforceable in the manner provided for money judgments in a civil action under the Code of Civil Procedure. (h) At any time prior to satisfaction of the judgment rendered according to the terms of this section, a prisoner or responsible third party against whom a judgment has been rendered, may petition the rendering court for a modification of the previous judgment on the grounds of a change of circumstance with regard to his or her ability to pay the judgment. The prisoner or responsible third party shall be advised of this right at the time the original judgment is rendered. (i) As used in this section, “ability to pay” means the overall capacity of the prisoner or responsible third party to reimburse the costs, or a portion of the costs, of the care provided to the prisoner, and shall include, but not be limited to, all of the following: (1) The prisoner’s or responsible third party’s present financial position. (2) The prisoner’s or responsible third party’s discernible future financial position. (3) The likelihood that the prisoner or responsible third party will be able to obtain employment in the future. (4) Any other factor or factors which may bear upon the prisoner’s or responsible third party’s financial position. (Amended by Stats. 2001, Ch. 854, Sec. 52. Effective January 1, 2002.)
  190. 4011.10.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section sets payment and contracting rules for inmate and local law enforcement health care, limits certain sheriff/police release-and-rearrest practices, and requires a working group to be convened.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.10. (a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local detention facilities with an incentive to not engage in practices designed to avoid payment of legitimate health care costs for the treatment or examination of persons lawfully in their custody, and to promptly pay those costs as requested by the provider of services. Further, it is the intent of the Legislature to encourage county sheriffs, chiefs of police, and directors or administrators of local detention facilities to bargain in good faith when negotiating a service contract with hospitals providing health care services. (b) Notwithstanding any other law, a county sheriff, police chief, or other public agency that contracts for health care services, may contract with providers of health care services for care to local law enforcement patients. Hospitals that do not contract for health care services with the county sheriff, police chief, or other public agency shall provide health care services to local law enforcement patients at a rate equal to 110 percent of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio, or, for claims that have not previously been paid or otherwise determined by local law enforcement, according to the most recently approved cost-to-charge ratio from the Medicare Program. The hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, may choose the most appropriate cost-to-charge ratio and shall provide notice to the county sheriff, police chief, or other public agency, as applicable, of any change. If the hospital uses the cost-to-charge ratio from the Medicare Program, the hospital shall attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain the supporting Medicare documentation and expected payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the Office of Statewide Health Planning and Development cost-to-charge ratio shall be used to calculate the payment. (c) A county sheriff or police chief shall not request the release of an inmate from custody for the purpose of allowing the inmate to seek medical care at a hospital, and then immediately rearrest the same individual upon discharge from the hospital, unless the hospital determines this action would enable it to bill and collect from a third-party payment source. (d) The California Hospital Association, the University of California, the California State Sheriffs’ Association, and the California Police Chiefs Association shall, immediately upon enactment of this section, convene the Inmate Health Care and Medical Provider Fair Pricing Working Group. The working group shall consist of at least six members from the California Hospital Association and the University of California, and six members from the California State Sheriffs’ Association and the California Police Chiefs Association. Each organization should give great weight and consideration to appointing members of the working group with diverse geographic and demographic interests. The working group shall meet as needed to identify and resolve industry issues that create fiscal barriers to timely and affordable inmate health care. In addition, the working group shall address issues, including, but not limited to, inmates being admitted for care and later rearrested and any other fiscal barriers to hospitals being able to enter into fair market contracts with public agencies. To the extent that the rate provisions of this statute result in a disproportionate share of local law enforcement patients being treated at any one hospital or system of hospitals, the working group shall address this issue. No reimbursement is required under this provision. (e) This section does not require or encourage a hospital or public agency to replace any existing arrangements that any city police chief, county sheriff, or other public agency that contracts for health care services for local law enforcement patients has with health care providers. (f) An entity that provides ambulance or any other emergency or nonemergency response service to a sheriff or police chief, and that does not contract with their departments for that service, shall be reimbursed for the service at the rate established by Medicare. Neither the sheriff nor the police chief shall reimburse a provider of any of these services that his or her department has not contracted with at a rate that exceeds the provider’s reasonable and allowable costs, regardless of whether the provider is located within or outside of California. (g) For the purposes of this section, “reasonable and allowable costs” shall be defined in accordance with Part 413 of Title 42 of the Code of Federal Regulations and federal Centers for Medicare and Medicaid Services Publication Numbers 15-1 and 15-2. (h) For purposes of this section, in those counties in which the sheriff does not administer a jail facility, a director or administrator of a local department of corrections established pursuant to Section 23013 of the Government Code is the person who may contract for services provided to jail inmates in the facilities he or she administers in those counties. (Amended by Stats. 2015, Ch. 119, Sec. 1. (AB 658) Effective January 1, 2016.)
  191. 4011.11.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section lets counties designate help for inmates applying for health coverage programs, and it sets related limits, coordination duties, and data-sharing 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 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.11. (a) (1) Through December 31, 2022, the board of supervisors in each county, in consultation with the county sheriff, may designate an entity or entities to assist county jail inmates with submitting an application for a health insurance affordability program consistent with federal requirements. (2) The board of supervisors shall not designate the county sheriff as an entity to assist with submitting an application for a health insurance affordability program for county jail inmates unless the county sheriff agrees to perform this function. (3) If the board of supervisors designates a community-based organization as an entity to assist with submitting an application for a health insurance affordability program for county jail inmates, the designation shall be subject to approval by the jail administrator or their designee. (b) (1) The jail administrator, or their designee, may coordinate with an entity designated pursuant to subdivision (a), through December 31, 2022. (2) Commencing January 1, 2023, the jail administrator, or their designee, shall coordinate with an entity designated pursuant to subdivision (h), as applicable. (c) Consistent with federal law, a county jail inmate who is currently enrolled in the Medi-Cal program shall remain eligible for, and shall not be terminated from, the program due to their incarceration unless required by federal law, they become otherwise ineligible, or the inmate’s suspension of benefits has ended pursuant to Section 14011.10 of the Welfare and Institutions Code. (d) Notwithstanding any other state law, and only to the extent federal law allows and federal financial participation is available, an entity designated pursuant to subdivision (a) or (h) is authorized to act on behalf of a county jail inmate for the purpose of applying for, or determinations of, Medi-Cal eligibility for acute inpatient hospital services authorized by Section 14053.7 of the Welfare and Institutions Code. An entity designated pursuant to subdivision (a) or (h) shall not determine Medi-Cal eligibility or redetermine Medi-Cal eligibility, unless the entity is the county human services agency. (e) The fact that an applicant is an inmate shall not, in and of itself, preclude a county human services agency from processing an application for the Medi-Cal program submitted to it by, or on behalf of, that inmate. (f) For purposes of this section, “health insurance affordability program” means a program that is one of the following: (1) The state’s Medi-Cal program under Title XIX of the federal Social Security Act. (2) The state’s children’s health insurance program (CHIP) under Title XXI of the federal Social Security Act. (3) A program that makes coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code available to qualified individuals. (4) A program that makes available coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code with cost-sharing reductions established under Section 1402 of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and any subsequent amendments to that act. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement this section, in whole or in part, by means of all-county letters or similar instructions, without taking any further regulatory action. (h) (1) Notwithstanding any other law, commencing January 1, 2023, the board of supervisors in each county, in consultation with the county sheriff, shall designate an entity or entities to assist county jail inmates with submitting an application for, or otherwise assisting their enrollment in, a health insurance affordability program consistent with federal requirements. The board of supervisors in each county, in consultation with the chief probation officer, shall designate an entity or entities to assist juvenile inmates in county juvenile facilities with submitting an application for, or otherwise assisting with an application for enrollment in, a health insurance affordability program consistent with federal requirements. (2) The board of supervisors shall not designate the county sheriff as an entity to assist with submitting an application for a health insurance affordability program for county jail inmates unless the county sheriff agrees to perform this function, and shall not designate the chief probation officer as an entity to assist with submitting an application for a health insurance affordability program for juvenile inmates unless the chief probation officer agrees to perform this function. (3) If the board of supervisors designates a community-based organization as an entity to assist with submitting an application for a health insurance affordability program for county jail inmates, the designation for county jail inmates shall be subject to approval by the jail administrator or their designee, and the designation for juvenile inmates shall be subject to approval by the chief probation officer or their designee. (4) (A) The department shall develop the data elements required to implement this section, in consultation with interested stakeholders that include representatives of counties, county sheriffs, county probation agencies, and whole person care pilot lead entities with experience working with incarcerated individuals. (B) Notwithstanding any other law, the department, counties, county sheriffs, and county probation agencies shall share the information and data necessary to facilitate the enrollment of inmates in health insurance affordability programs on or before their date of release and to appropriately suspend and unsuspend Medi-Cal coverage for beneficiaries. (5) (A) No sooner than January 1, 2023, the State Department of Health Care Services, in consultation with counties, county sheriffs, probation departments, Medi-Cal managed care plans, and Medi-Cal behavioral health delivery systems, shall develop and implement a mandatory process by which county jails and county juvenile facilities coordinate with Medi-Cal managed care plans and Medi-Cal behavioral health delivery systems to facilitate continued behavioral health treatment in the community for county jail inmates and juvenile inmates that were receiving behavioral health services before their release. (B) Notwithstanding any other law, including, but not limited to, Sections 11812 and 11845.5 of the Health and Safety Code and Section 5328 of the Welfare and Institutions Code, the sharing of health information, records, and other data with and among counties, Medi-Cal managed care plans, Medi-Cal behavioral health delivery systems, and other authorized providers or plan entities shall be permitted to the extent necessary to implement this paragraph. The department shall issue guidance identifying permissible data-sharing arrangements. (C) For purposes of this paragraph, the following definitions shall apply: (i) “Medi-Cal behavioral health delivery system” has the same meaning as set forth in subdivision (i) of Section 14184.101 of the Welfare and Institutions Code. (ii) “Medi-Cal managed care plan” has the same meaning as set forth in subdivision (j) of Section 14184.101 of the Welfare and Institutions Code. (Amended by Stats. 2021, Ch. 143, Sec. 346. (AB 133) Effective July 27, 2021.)
  192. 4011.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A sheriff, chief or director of corrections, or chief of police may not charge a fee for an inmate-initiated medical visit in a county or city jail.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.2. A sheriff, chief or director of corrections, or chief of police shall not charge a fee for an inmate-initiated medical visit of an inmate confined in a county or city jail. (Repealed and added by Stats. 2019, Ch. 570, Sec. 2. (AB 45) Effective January 1, 2020.)
  193. 4011.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Certain jail officials may not charge inmates a fee for medically necessary durable medical equipment or medical supplies in county or city jails.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.3. (a) Notwithstanding Section 4011.1, a sheriff, chief or director of corrections, or chief of police shall not charge a fee for durable medical equipment or medical supplies provided to an inmate confined in a county or city jail as medically necessary to ensure the inmate has equal access to jail services, programs, or activities. (b) (1) For purposes of this section, “durable medical equipment” means equipment that is prescribed by a licensed provider to meet the medical needs of an inmate and that meets all of the following criteria: (A) The equipment can withstand repeated use. (B) The equipment is used to serve a medical purpose. (C) The equipment is not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly. (D) The equipment is appropriate for use in or out of the jail. (2) Durable medical equipment includes, but is not limited to, eyeglasses, artificial eyes, dentures, artificial limbs, orthopedic braces and shoes, and hearing aids. (c) For purposes of this section, “medical supplies” means supplies that are prescribed by a licensed provider to meet the medical needs of an inmate and that meet all of the following criteria: (1) The supplies cannot withstand repeated use. (2) The supplies are usually disposable in nature. (3) The supplies are used to serve a medical purpose. (4) The supplies are not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly. (5) The supplies are intended for use in an outpatient setting. (Amended by Stats. 2020, Ch. 370, Sec. 230. (SB 1371) Effective January 1, 2021.)
  194. 4011.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A sheriff or jailer may move a prisoner to a hospital without first getting a court order if immediate medical care is needed, and must seek a superior court order if the prisoner cannot return within 48 hours.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.5. (a) If a sheriff or jailer determines that a prisoner in a county jail or a city jail under his or her charge is in need of immediate medical or hospital care, and that the health and welfare of the prisoner will be injuriously affected unless the prisoner is forthwith removed to a hospital, the sheriff or jailer may authorize the immediate removal of the prisoner under guard to a hospital, without first obtaining a court order as provided in Section 4011. If the condition of the prisoner prevents his or her return to the jail within 48 hours from the time of his or her removal, the sheriff or jailer shall apply to a judge of the superior court for an order authorizing the continued absence of the prisoner from the jail in the manner provided in Section 4011. The provisions of Section 4011 governing the cost of medical and hospital care of prisoners and the liability for those costs shall apply to the cost of, and the liability for, medical or hospital care of prisoners removed from jail pursuant to this section. (b) For purposes of this section, “immediate medical or hospital care” includes, but is not limited to, critical specialty medical procedures or treatment, such as dialysis, which cannot be furnished, performed, or supplied at a county jail or city jail. (Amended by Stats. 2016, Ch. 65, Sec. 1. (AB 1703) Effective January 1, 2017.)
  195. 4011.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section lets jail or court officials move a detainee who may have a mental health disorder to a 72-hour treatment and evaluation facility, and requires multiple confidential notices and 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 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.6. (a) (1) If it appears to the person in charge of a county jail, city jail, or juvenile detention facility, or to any judge of a court in the county in which the jail or juvenile detention facility is located, that a person in custody in that jail or juvenile detention facility may have a mental health disorder, that person or judge may cause the prisoner to be taken to a facility for 72-hour treatment and evaluation pursuant to Section 5150 of the Welfare and Institutions Code and shall inform the facility in writing, which shall be confidential, of the reasons that the person is being taken to the facility. The local mental health director or the director’s designee may examine the prisoner prior to transfer to a facility for treatment and evaluation. Upon transfer to a facility, Article 1 (commencing with Section 5150), Article 4 (commencing with Section 5250), Article 4.5 (commencing with Section 5260), Article 5 (commencing with Section 5275), Article 6 (commencing with Section 5300), and Article 7 (commencing with Section 5325) of Chapter 2 and Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code apply to the prisoner. (2) If the court causes the prisoner to be transferred to a 72-hour facility, the court shall immediately notify the local mental health director or the director’s designee, the prosecuting attorney, and counsel for the prisoner in the criminal or juvenile proceedings about that transfer. Where the person in charge of the jail or juvenile detention facility causes the transfer of the prisoner to a 72-hour facility, the person shall immediately notify the local mental health director or the director’s designee and each court within the county where the prisoner has a pending proceeding about the transfer. Upon notification by the person in charge of the jail or juvenile detention facility, the court shall immediately notify counsel for the prisoner and the prosecuting attorney in the criminal or juvenile proceedings about that transfer. (3) When a person in custody is transferred from a jail to a 72-hour facility for treatment and evaluation pursuant to this subdivision, the fact that the person has temporary access to food, clothing, shelter, personal safety, and necessary medical care while incarcerated is not a basis to conclude that the person is able to provide for their basic personal needs, which shall be evaluated based upon the person’s ability to provide for those needs outside the jail setting. (b) If a prisoner is detained in, or remanded to, a facility pursuant to the articles of the Welfare and Institutions Code listed in subdivision (a), the facility shall transmit a report, which shall be confidential, to the person in charge of the jail or juvenile detention facility or judge of the court who caused the prisoner to be taken to the facility and to the local mental health director or the director’s designee, concerning the condition of the prisoner. A new report shall be transmitted at the end of each period of confinement provided for in those articles, upon conversion to voluntary status, and upon filing of temporary letters of conservatorship. (c) A prisoner who has been transferred to an inpatient facility pursuant to this section may convert to voluntary inpatient status without obtaining the consent of the court, the person in charge of the jail or juvenile detention facility, or the local mental health director. At the beginning of that conversion to voluntary status, the person in charge of the facility shall transmit a report to the person in charge of the jail or juvenile detention facility or judge of the court who caused the prisoner to be taken to the facility, counsel for the prisoner, prosecuting attorney, and local mental health director or the director’s designee. (d) If the prisoner is detained in, or remanded to, a facility pursuant to the articles of the Welfare and Institutions Code listed in subdivision (a), the time passed in the facility shall count as part of the prisoner’s sentence. When the prisoner is detained in, or remanded to, the facility, the person in charge of the jail or juvenile detention facility shall advise the professional person in charge of the facility of the expiration date of the prisoner’s sentence. If the prisoner is to be released from the facility before the expiration date, the professional person in charge shall notify the local mental health director or the director’s designee, counsel for the prisoner, the prosecuting attorney, and the person in charge of the jail or juvenile detention facility, who shall send for, take, and receive the prisoner back into the jail or juvenile detention facility. (e) A defendant, either charged with or convicted of a criminal offense, or a minor alleged to be within the jurisdiction of the juvenile court, may be concurrently subject to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). (f) If a prisoner is detained in a facility pursuant to the articles of the Welfare and Institutions Code listed in subdivision (a), and if the person in charge of the facility determines that arraignment or trial would be detrimental to the well-being of the prisoner, the time spent in the facility shall not be computed in any statutory time requirements for arraignment or trial in any pending criminal or juvenile proceedings. This section shall not affect any statutory time requirements for arraignment or trial in any pending criminal or juvenile proceedings. (g) For purposes of this section, the term “juvenile detention facility” includes any state, county, or private home or institution in which wards or dependent children of the juvenile court or persons awaiting a hearing before the juvenile court are detained. (Amended by Stats. 2025, Ch. 330, Sec. 2. (SB 820) Effective January 1, 2026.)
  196. 4011.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A court, sheriff, or jailer may remove a guard from a hospitalized misdemeanor prisoner for medical care. A prisoner who knowingly escapes from the hospital can be charged with a misdemeanor or, if the escape uses force or violence, a felony.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.7. Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating hospitalization or in need of medical or hospital care was arrested for, charged with, or convicted of an offense constituting a misdemeanor, the court in proceedings under Section 4011 or the sheriff or jailer in action taken under Section 4011.5 may direct that the guard be removed from the prisoner while he or she is in the hospital. If that direction is given, any prisoner who knowingly escapes or attempts to escape from that hospital shall upon conviction thereof be guilty of a misdemeanor and punishable by imprisonment for not to exceed one year in the county jail if the escape or attempt to escape was not by force or violence. However, if the escape is by force or violence the prisoner shall be guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not exceeding one year; provided, that when that second term of imprisonment is to be served in the county jail it shall commence from the time that prisoner would otherwise be discharged from that jail. (Amended by Stats. 2011, Ch. 15, Sec. 480. (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.)
  197. 4011.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    People in custody charged with or convicted of a criminal offense may apply for inpatient or outpatient mental health services, but if treatment requires leaving the jail, required consents must be obtained and several jail, court, and treatment-notice duties apply.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.8. A person in custody who has been charged with or convicted of a criminal offense may make voluntary application for inpatient or outpatient mental health services in accordance with Section 5003 of the Welfare and Institutions Code. If such services require absence from the jail premises, consent from the person in charge of the jail or from any judge of a court in the county in which the jail is located, and from the director of the county mental health program in which services are to be rendered, shall be obtained. The local mental health director or his designee may examine the prisoner prior to the transfer from the jail. Where the court approves voluntary treatment for a jail inmate for whom criminal proceedings are pending, the court shall forthwith notify counsel for the prisoner and the prosecuting attorney about such approval. Where the person in charge of the jail approves voluntary treatment for a prisoner for whom criminal proceedings are pending, the person in charge of the jail shall immediately notify each court within the county where the prisoner has a pending proceeding about such approval; upon notification by the jailer the court shall forthwith notify the prosecuting attorney and counsel for the prisoner in the criminal proceedings about such transfer. If the prisoner voluntarily obtains treatment in a facility or is placed on outpatient treatment pursuant to Section 5003 of the Welfare and Institutions Code, the time passed therein shall count as part of the prisoner’s sentence. When the prisoner is permitted absence from the jail for voluntary treatment, the person in charge of the jail shall advise the professional person in charge of the facility of the expiration date of the prisoner’s sentence. If the prisoner is to be released from the facility before such expiration date, the professional person in charge shall notify the local mental health director or his designee, counsel for the prisoner, the prosecuting attorney, and the person in charge of the jail, who shall send for, take, and receive the prisoner back into the jail. A denial of an application for voluntary mental health services shall be reviewable only by mandamus. (Added by Stats. 1975, Ch. 1258.)
  198. 4011.9.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A court, sheriff, or jailer may order a prisoner’s guard removed while the prisoner is in the hospital if the prisoner needs hospital-level care and the prisoner appears unlikely to escape or pose a danger.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4011.9. Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating hospitalization or in need of medical or hospital care was arrested for, charged with, or convicted of an offense constituting a felony, the court in proceedings under Section 4011 or the sheriff or jailer in action taken under Section 4011. 5 may direct that the guard be removed from the prisoner while he is in the hospital, if it reasonably appears that the prisoner is physically unable to effectuate an escape or the prisoner does not constitute a danger to life or property. (Added by Stats. 1976, Ch. 80.)
  199. 4012.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    If a jail is threatened by pestilence or contagious disease and the jail physician certifies danger to prisoners’ health, the county judge may designate another safe county location or a jail in a neighboring county for confinement.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4012. When a pestilence or contagious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the health of the prisoners, the county judge may, by a written appointment, designate a safe and convenient place in the county, or the jail in a contiguous county, as the place of their confinement. The appointment must be filed in the office of the clerk of the court, and authorize the sheriff to remove the prisoners to the place or jail designated, and there confine them until they can be safely returned to the jail from which they were taken. (Amended by Stats. 2002, Ch. 784, Sec. 566. Effective January 1, 2003.)
  200. 4013.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    If a judicial paper is served on a warden, sheriff, or jailer for an incarcerated person in their custody, they must promptly deliver it to that person with a note of the service time.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so. (b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process. (Amended by Stats. 2022, Ch. 255, Sec. 1. (AB 1974) Effective January 1, 2023.)

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