Penal Code

Part 2 of 29 · provisions 201–400

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

Jurisdiction: United States — California
Instrument: Code
Citation: PEN
Version: Undated source snapshot
Language: en
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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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11080.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
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This section says Article 2.5 does not change any access rights that any person or public agency already has under other law.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11080. Nothing in this article shall be construed to affect the right of access of any person or public agency to individual criminal offender record information that is authorized by any other provision of law. (Added by Stats. 1972, Ch. 1437.)
11080.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
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A city police chief or county sheriff may request and receive relevant information about certain parolees connected to that city or county.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11080.5. A chief of police of a city or the sheriff of a county shall be authorized to request and receive relevant information concerning persons when on parole who are or may be residing or temporarily domiciled in that city or county and who have been convicted of a federal crime which could have been prosecuted as a felony under the penal provisions of this state. (Added by Stats. 1982, Ch. 347, Sec. 1. Effective June 30, 1982.)
11081.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
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This section says the article does not authorize access to individual criminal offender record information unless some other law authorizes that access.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11081. Nothing in this article shall be construed to authorize access of any person or public agency to individual criminal offender record information unless such access is otherwise authorized by law. (Added by Stats. 1972, Ch. 1437.)
1109.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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If the defense asks, a gang-enhancement case must be tried in separate phases, with the underlying offense decided first and the enhancement decided later if needed.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1109. (a) If requested by the defense, a case in which a gang enhancement is charged under subdivision (b) or (d) of Section 186.22 shall be tried in separate phases as follows: (1) The question of the defendant’s guilt of the underlying offense shall be first determined. (2) If the defendant is found guilty of the underlying offense and there is an allegation of an enhancement under subdivision (b) or (d) of Section 186.22, there shall be further proceedings to the trier of fact on the question of the truth of the enhancement. Allegations that the underlying offense was committed for the benefit of, at the direction of, or in association with, a criminal street gang and that the underlying offense was committed with the specific intent to promote, further, or assist in criminal conduct by gang members shall be proved by direct or circumstantial evidence. (b) If a defendant is charged with a violation of subdivision (a) of Section 186.22, this count shall be tried separately from all other counts that do not otherwise require gang evidence as an element of the crime. This charge may be tried in the same proceeding with an allegation of an enhancement under subdivision (b) or (d) of Section 186.22. (Added by Stats. 2021, Ch. 699, Sec. 5. (AB 333) Effective January 1, 2022.)
11100.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must provide for a proper system and file cards in the bureau office describing criminals’ methods of operation in committing crime.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11100. The Attorney General shall provide for the installation of a proper system and file in the office of the bureau, cards containing an outline of the method of operation employed by criminals in the commission of crime. (Added by Stats. 1953, Ch. 1385.)
11101.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must collect and file certain identification records for specified convicted, imprisoned, and habitual criminals.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11101. The Attorney General shall procure from any available source, and file for record and report in the office of the bureau, all descriptions, information, photographs, and measurements of all persons convicted of a felony, or imprisoned for violating any of the military, naval, or criminal laws of the United States, and of all well-known and habitual criminals. (Amended by Stats. 1993, Ch. 1270, Sec. 2. Effective January 1, 1994.)
11102.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The department may use specified identification systems, including the Bertillon system, the fingerprint system, and any legally adopted measurement system used in state penal institutions.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11102. The department may use the following systems of identification: the Bertillon, the fingerprint system, and any system of measurement that may be adopted by law in the various penal institutions of the state. (Amended by Stats. 1972, Ch. 1377.)
11102.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice must run a certification program for people who roll fingerprints for non-law-enforcement purposes, and uncertified people generally may not do that work unless exempt.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), a person shall not roll fingerprints for non-law-enforcement purposes unless certified. (2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation: (A) Law enforcement personnel and state employees. (B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact. (3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section. (b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, shall submit to the Department of Justice fingerprint images and related information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal. (2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2. (d) Every individual certified as a fingerprint roller shall meet the following criteria: (1) Be a legal resident of this state at the time of certification. (2) Be at least 18 years of age. (3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller. (e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position. (f) (1) The department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller, upon any of the following: (A) Conviction of a felony offense. (B) Conviction of any other offense that is substantially related to the qualifications, functions, or duties of a fingerprint roller. (C) Substantial and material misstatement or omission in the application submitted to the department. (D) Arrest pending adjudication for a felony. (E) Arrest pending adjudication for an offense that is substantially related to the qualifications, functions, or duties of a fingerprint roller. (F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause that is substantially related to the qualifications, functions, or duties of a fingerprint roller. (G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller. (H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller. (I) Use of false or misleading advertising in which the fingerprint roller has represented that they have duties, rights, or privileges that they do not possess by law. (J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another. (K) Failure to submit any remittance payable upon demand by the department. (2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision. (3) An applicant shall not be denied certification on the basis that the person has been convicted of a crime or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or has been granted clemency or a pardon by a state or federal executive. (g) (1) The department shall implement regulations to aid in determining whether an offense is substantially related to the qualifications, functions, or duties of a fingerprint roller. (2) The criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of a fingerprint roller shall include all of the following: (A) The nature and gravity of the offense. (B) The passage of time since the date of the offense. (C) Whether the applicant has offered credible evidence of rehabilitation. (3) When an applicant with a prior conviction presents evidence of rehabilitation, the department shall not deny certification of an individual as a fingerprint roller based in whole or in part on that conviction without considering the applicant’s evidence of rehabilitation. (h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations. (i) The Department of Justice may adopt additional regulations as necessary to implement the provisions of this section. (j) The department shall charge a fee sufficient to cover its costs under this section. (Amended by Stats. 2024, Ch. 254, Sec. 1. (AB 3235) Effective January 1, 2025.)
11102.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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This section requires the Department of Justice to run a confirmation program for custodians of records, requires agencies to designate at least one custodian, and bars unconfirmed service after July 1, 2011 unless an exemption applies.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11102.2. (a) (1) As used in this section, “custodian of records” means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues. (2) As used in this section, “agency” means any public or private entity that receives criminal history information from the Department of Justice. (3) As used in this section, “department” means the Department of Justice. (b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check. (c) Every agency must designate at least one custodian of records. (1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual designated by the agency to serve as the custodian of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal. (2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2. (d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department. (e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position. (f) The department may refuse to confirm an individual as a custodian of records or revoke or suspend the confirmation of a custodian of records if the individual has done any of the following: (1) Been convicted of a felony offense. (2) Been convicted of an offense that is substantially related to the qualifications, functions, or duties of a custodian of records. (3) Made a substantial and material misstatement or omission in the application submitted to the department. (4) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records. (5) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records. (6) Committed any act involving dishonesty, fraud, or deceit. (7) Failed to submit any remittance payable upon demand by the department. (g) A conviction after a plea of nolo contendere is deemed to be a conviction for the purposes of this subdivision. (h) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity. (i) An applicant shall not be denied confirmation on the basis that the person has been convicted of a crime, or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or has been granted clemency or a pardon by a state or federal executive. (j) (1) The department shall implement regulations to aid in determining whether an offense is substantially related to the qualifications, functions, or duties of a custodian of records. (2) The criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of a custodian of records shall include all of the following: (A) The nature and gravity of the offense. (B) The passage of time since the date of the offense. (C) Whether the applicant has offered credible evidence of rehabilitation. (3) If an applicant with a prior conviction presents evidence of rehabilitation, the department shall not deny confirmation based, in whole or in part, on that conviction without considering the applicant’s evidence of rehabilitation. (Amended by Stats. 2024, Ch. 254, Sec. 2. (AB 3235) Effective January 1, 2025.)
11103.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must keep a specified record on file in the bureau office.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11103. The Attorney General shall keep on file in the office of the bureau a record consisting of duplicates of all measurements, processes, operations, signaletic cards, measurements, and descriptions of all persons confined in penal institutions of the state as far as possible, in accordance with whatever system or systems may be commonly used in the state. (Amended by Stats. 1983, Ch. 196, Sec. 7.)
11104.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must file received measurements, information, and descriptions, and maintain a complete and systematic record and index.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11104. The Attorney General shall file all measurements, information and descriptions received and shall make a complete and systematic record and index, providing a method of convenience, consultation, and comparison. (Amended by Stats. 1983, Ch. 196, Sec. 8.)
11105.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice must maintain state summary criminal history information, and the Attorney General must furnish it to listed recipients when needed for their duties.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105. (a) (1) The Department of Justice shall maintain state summary criminal history information. (2) As used in this section: (A) “State summary criminal history information” means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (B) “State summary criminal history information” does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice. (b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) The courts of the state. (2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5. (3) District attorneys of the state. (4) Prosecuting city attorneys or city prosecutors of a city within the state. (5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code, or a city attorney or county counsel pursuing gun violence restraining orders pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6. (6) Probation officers of the state. (7) Parole officers of the state. (8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. (9) A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation. (10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may perform state and federal criminal history information checks as provided for in subdivision (u). The Department of Justice shall provide a state or federal response to the agency, officer, or official pursuant to subdivision (p). (11) A city, county, city and county, or district, if access is needed in order to assist that agency in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city, county, city and county, or district authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. (12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120). (13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. (14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code. (15) A managing or supervising correctional officer of a county jail or other county correctional facility. (16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers. (17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parent’s having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code. (18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. (19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section. (20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section. (21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. (22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. (23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. (24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing the officer’s duties. (25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. (26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal-level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code. (B) For purposes of this paragraph, “federal tax information,” “state entity” and “designee” are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code. (27) The director of the State Department of State Hospitals, or their designee, for use related to research and evaluation studies described in Section 4046 of the Welfare and Institutions Code, and subject to the limitations described in that section. (c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal-level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, the Attorney General shall furnish a copy of the data to the person to whom the data relates. (2) A peace officer of the state other than those included in subdivision (b). (3) An illegal dumping enforcement officer as defined in subdivision (i) of Section 830.7. (4) A peace officer of another country. (5) Public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties. (6) A person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject. (7) The courts of the United States, other states, or territories or possessions of the United States. (8) Peace officers of the United States, other states, or territories or possessions of the United States. (9) An individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation. (10) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on their own recognizance pending trial. (ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates. (iii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on their own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved. (iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utility’s or cable corporation’s request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a “compelling need” as required to be shown in this subdivision. (v) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees. (B) For purposes of this paragraph, “cable corporation” means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee. (C) Requests for federal-level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal-level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law. (11) A campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felon’s fingerprints and any other information specified by the department. (12) A foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individual’s application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information. (d) Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped “no criminal record” and returned to the person or entity making the request. (e) Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature. (f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints. (g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed. (h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law. (j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290. (k) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice in accordance with federal law and as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) Notwithstanding any other law, whenever state or federal summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant. (B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial. (C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. (D) Every successful diversion. (E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests. (F) Sex offender registration status of the applicant. (G) Sentencing information, if present in the department’s records at the time of the response. (l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice in accordance with federal law and as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes. (2) Notwithstanding any other law, whenever state or federal summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant. (B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial. (C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91. (D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests. (E) Sex offender registration status of the applicant. (F) Sentencing information, if present in the department’s records at the time of the response. (m) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice in accordance with federal law and as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes. (2) Notwithstanding any other law, whenever state or federal summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. (B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial. (C) Every arrest for an offense for which the State Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest. (D) Sex offender registration status of the applicant. (E) Sentencing information, if present in the department’s records at the time of the response. (3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice in accordance with federal law and as the result of an application by an authorized agency, organization, or individual pursuant to any of the following: (A) Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation. (B) Section 11105.3 or 11105.4. (C) Section 15660 of the Welfare and Institutions Code. (D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference. (2) Notwithstanding any other law, whenever state or federal summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agency’s request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agency’s request for information. (B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial. (C) Sex offender registration status of the applicant. (D) Sentencing information, if present in the department’s records at the time of the response. (o) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice in accordance with federal law and as the result of an application by an authorized agency or organization pursuant to Section 379 or 1300 of the Financial Code or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes. (2) Notwithstanding any other law, whenever state or federal summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49. (B) Every arrest for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial. (C) Sentencing information, if present in the department’s records at the time of the response. (p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice in accordance with federal law and as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes. (2) Notwithstanding any other law, whenever state or federal summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, 1203.44, or 1203.49. The Commission on Teacher Credentialing, school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with a school district, county office of education, charter school, private school, or state special school for the blind and deaf, shall receive every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49. (B) Notwithstanding subparagraph (A) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49, shall not be disseminated. (C) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial. (D) Sex offender registration status of the applicant. (E) Sentencing information, if present in the department’s records at the time of the response. (q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. (r) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements. (s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information. (t) Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. (u) (1) If a fingerprint-based criminal history information check is required pursuant to any statute, that check shall be requested from the Department of Justice and shall be applicable to the person identified in the referencing statute. The agency or entity identified in the statute shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of the types of applicants identified in the referencing statute, for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of the state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal. (2) If requested, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and compile and disseminate a response to the agency or entity identified in the referencing statute, pursuant to the identified subdivision. The Department of Justice shall not disseminate federal criminal history information to a private entity that is unauthorized to receive it under federal law. (3) The Department of Justice shall provide a state response to the agency or entity identified in the referencing statute, pursuant to the identified subdivision. (4) The agency or entity identified in the referencing statute shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2, for persons described in the referencing statute. (5) The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the request described in this subdivision. (Amended by Stats. 2025, Ch. 113, Sec. 33. (SB 160) Effective September 17, 2025.)
11105.001.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Certain government entities may require fingerprint-based state and national criminal history background checks, and must send fingerprint information to the Department of Justice, which must return a state- and federal-level response.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.001. (a) A government entity specified in subdivision (c) may require employees, prospective employees, volunteers, contractors, and subcontractors to undergo a fingerprint-based state and national criminal history background check. (b) A government entity specified in subdivision (c) shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105. (c) The following government entities are authorized pursuant to this section: (1) The University of California, as defined in Section 9 of Article IX of the Constitution. (2) The California State Summer School for the Arts, as defined in Section 8950 of the Education Code. (3) The State Department of Education, for the following entities: (A) The State Department of Education, as defined in Section 33300 of the Education Code. (B) The California School for the Deaf, as defined in Section 59000 of the Education Code. (C) The California School for the Blind, as defined in Section 59100 of the Education Code. (D) Diagnostic centers, as defined in Section 59200 of the Education Code. (4) Commission on Teacher Credentialing, as defined in Section 44210 of the Education Code. (5) The California State University, as defined in Chapter 1 (commencing with Section 89000) of Part 55 of Division 8 of Title 3 of the Education Code. (6) The Department of Fish and Wildlife, as defined in Section 700 of the Fish and Game Code. (7) California Exposition and State Fair, as defined in Section 3301 of the Food and Agriculture Code. (8) Exposition Park, as defined in Section 4101 of the Food and Agriculture Code. (9) The Office of Emergency Services, as defined in Section 8585 of the Government Code. (10) The Department of FISCal, as defined in Section 11890 of the Government Code. (11) The Secretary of State’s Office, as defined in Section 12172.5 of the Government Code. (12) The State Treasurer’s Office, as defined in Chapter 4 (commencing with Section 12302) of Part 2 of Division 3 of Title 2 of the Government Code. (13) The State Controller’s Office, as defined in Section 12402 of the Government Code. (14) The California Health and Human Services Agency, as defined in Section 12800 of the Government Code. (15) The California Department of Tax and Fee Administration, as defined in Chapter 1 (commencing with Section 15570) of Part 8.7 of Division 3 of Title 2 of the Government Code. (16) Emergency Medical Services Authority, as defined in Section 1797.100 of the Health and Safety Code. (17) The State Department of Health Care Services, as defined in Section 100100 of the Health and Safety Code. (18) The State Department of Public Health, as defined in Section 131050 of the Health and Safety Code. (19) The Military Department, as defined in Section 50 of the Military and Veterans Code. The Military Department may require service members to undergo a fingerprint-based state and national criminal history background check, pursuant to subdivision (a). For purposes of this section, “service member” means a member of the active militia as defined in Section 120 of the Military and Veterans Code. (20) The Department of Veterans Affairs, as defined in Section 63 of the Military and Veterans Code. (21) The Department of Parks and Recreation, as defined in Section 501 of the Public Resources Code. (22) The Employment Development Department, as defined in Section 301 of the Unemployment Insurance Code. (23) The California Department of Aging, as defined in Section 9100 of the Welfare and Institutions Code. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid pursuant to state or federal law, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 113, Sec. 34. (SB 160) Effective September 17, 2025.)
11105.002.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Certain government entities must require fingerprint-based state and national criminal history background checks for specified applicants, and must send fingerprint images and related information to the Department of Justice.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.002. (a) A government entity specified in subdivision (c) shall require specified applicants to undergo a fingerprint-based state and national criminal history background check. (b) The government entities specified in this section shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105. (c) The following government entities are authorized pursuant to this section: (1) (A) Law enforcement agencies for peace officers and prospective peace officers, as designated in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (k) of Section 11105. (B) As used in this subdivision, “law enforcement agencies” means a police or sheriff’s department, or any department or agency of the state or any political subdivision thereof that employs any peace officer, as designated in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) Criminal justice agencies, as defined in Section 13101, for employees, prospective employees, volunteers, contractors, and subcontractors. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (l) of Section 11105. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid pursuant to state or federal law, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 113, Sec. 35. (SB 160) Effective September 17, 2025.)
11105.01.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must provide state summary criminal history information to specified California State Lottery officials, in addition to the recipients covered by Section 11105.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.01. In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and conditions set forth in that section, the Attorney General shall furnish state summary criminal history information to the Director, the Deputy Director for Security, and lottery security officers of the California State Lottery. (Added by Stats. 1986, Ch. 55, Sec. 27. Effective April 16, 1986.)
11105.02.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must provide state summary criminal history information to local governments in qualifying concessionaire-screening situations, and local governments must keep it confidential and destroy it within 30 days after their final decision.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.02. In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and conditions set forth in that section, the Attorney General shall furnish state summary criminal history information upon a showing of a compelling need to any city, county, city and county, or district, or any officer or official thereof, when needed to assist in the screening of a prospective concessionaire and their affiliates or associates, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code for purposes of consenting to, or approving of, the prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest. Any local government’s request for state summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a “compelling need” as required by this section. However, only state summary criminal history information pertaining to criminal convictions, or to arrests for offenses for which the person being screened is incarcerated or has been released on bail or on his or her own recognizance pending trial, may be obtained pursuant to this section. Any information obtained from the state summary criminal history information is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local government’s final decision to grant or deny consent to, or approval of, the prospective concessionaire’s application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request state summary criminal history information on any current or prospective concessionaire or the affiliates or associates of that concessionaire. (Amended by Stats. 2002, Ch. 627, Sec. 3. Effective January 1, 2003.)
11105.03.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Local law enforcement may share certain criminal history information with a public housing authority, but only under listed conditions and with several limits on what may be released.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.03. (a) Subject to the requirements and conditions set forth in this section and Section 11105, local law enforcement agencies are hereby authorized to provide state criminal summary history information obtained through the California Law Enforcement Telecommunications System (CLETS) for the purpose of screening prospective participants and prospective and current staff of a regional, county, city, or other local public housing authority, at the request of the chief executive officer of the authority or his or her designee, upon a showing by that authority that the authority manages a Section 8 housing program pursuant to federal law (United States Housing Act of 1937), operates housing at which children under the age of 18 years reside, or operates housing for persons categorized as aged, blind, or disabled. (b) The following requirements shall apply to information released by local law enforcement agencies pursuant to subdivision (a): (1) Local law enforcement agencies shall not release any information unless it relates to a conviction for a serious felony, as defined in subdivision (c) of Section 1192.7, a conviction for any offense punishable under Section 273.5, 422.6, 422.7, 422.75, 422.9, or 422.76, or under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6, or under any provision listed in Section 16590, a conviction under Section 273.6 that involves a violation of a protective order, as defined in Section 6218 of the Family Code, or a conviction for any felony offense that involves controlled substances or alcoholic beverages, or any felony offense that involves any activity related to controlled substances or alcoholic beverages, or a conviction for any offense that involves domestic violence, as defined in Section 13700. (2) Local law enforcement agencies shall not release information concerning an arrest for an offense that did not result in a conviction. (3) Local law enforcement agencies shall not release information concerning an offense committed by a person who was under 18 years of age at the time he or she committed the offense. (4) Local law enforcement agencies shall release any information concerning any conviction or release from custody that occurred within 10 years of the date on which the request for information is submitted to the Attorney General, unless the conviction was based upon a felony offense that involved controlled substances or alcoholic beverages or a felony offense that involved any activity related to controlled substances or alcoholic beverages. Where a conviction was based on any of these felony offenses, local law enforcement agencies shall release information concerning this conviction if the conviction occurred within five years of the date on which a request for the information was submitted. (5) Notwithstanding paragraph (4), if information that meets the requirements of paragraphs (2) to (4), inclusive, is located and the information reveals a conviction of an offense specified in paragraph (1), local law enforcement agencies shall release all summary criminal history information concerning the person whether or not the information meets the requirements of paragraph (4), provided, however, that the information meets the requirements of paragraphs (1) to (3), inclusive. (6) Information released to the local public housing authority pursuant to this section shall also be released to parole or probation officers at the same time. (c) State summary criminal history information shall be used by the chief executive officer of the housing authority or a designee only for purposes of identifying prospective participants in subsidized programs and prospective and current staff who have access to residences, whose criminal history is likely to pose a risk to children under 18 years of age or persons categorized as aged, blind, or disabled living in the housing operated by the authority. (d) If a housing authority obtains summary criminal history information for the purpose of screening a prospective participant pursuant to this section, it shall review and evaluate that information in the context of other available information and shall not evaluate the person’s suitability as a prospective participant based solely on his or her past criminal history. (e) If a housing authority determines that a prospective participant is not eligible as a resident, it shall promptly notify him or her of the basis for its determination and, upon request, shall provide him or her within a reasonable time after the determination is made with an opportunity for an informal hearing on the determination in accordance with Section 960.207 of Title 24 of the Code of Federal Regulations. (f) Any information obtained from state summary criminal history information pursuant to this section is confidential and the recipient public housing authority shall not disclose or use the information for any purpose other than that authorized by this section. The state summary criminal history information in the possession of the authority and all copies made from it shall be destroyed not more than 30 days after the authority’s final decision whether to act on the housing status of the individual to whom the information relates. (g) The local public housing authority receiving state summary criminal history information pursuant to this section shall adopt regulations governing the receipt, maintenance, and use of the information. The regulations shall include provisions that require notice that the authority has access to criminal records of participants and employees who have access to programs. (h) Use of this information is to be consistent with Title 24 of the Code of Federal Regulations and the current regulations adopted by the housing authority using the information. (i) Nothing in this section shall be construed to require a housing authority to request and review an applicant’s criminal history. (j) The California Housing Authorities Association, after compiling data from all public housing authorities that receive summary criminal information pursuant to this chapter, shall report its findings based upon this data to the Legislature prior to January 1, 2000. (Amended by Stats. 2012, Ch. 162, Sec. 135. (SB 1171) Effective January 1, 2013.)
11105.04.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A designated CASA program must send fingerprint and related candidate information to the Department of Justice, request subsequent arrest notifications, and keep notification requests current. The Department of Justice must monitor records, provide responses, and charge or waive fees as stated.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.04. (a) A designated Court Appointed Special Advocate (CASA) program shall submit to the Department of Justice fingerprint images and related information of employment and volunteer candidates for the purpose of conducting a state and federal criminal history background check, pursuant to subdivision (u) of Section 11105, and obtaining information as to the existence and nature of a record of a child abuse investigation contained in the Child Abuse Central Index. (b) When requesting state-level criminal offender record information pursuant to this section, the designated CASA program shall request a subsequent arrest notification, pursuant to Section 11105.2, for all employment and volunteer candidates. (c) (1) The department shall monitor the Child Abuse Central Index and notify the CASA program if a record of a child abuse investigation involving a CASA employee or volunteer is subsequently added to the Child Abuse Central Index. (2) (A) If a CASA program knows that an individual for whom notification is requested is no longer in a position for which notification is authorized, the CASA program shall immediately notify the department to terminate notification for that individual. (B) The department shall terminate notification for the individual upon receipt of the notification required in subparagraph (A). (3) Not less than every six months, a CASA program shall verify that each individual for whom notification has not been terminated is still in a position with the program for which notification is authorized. (4) If a CASA program receives a subsequent notification for an individual unknown to the CASA program or for whom the CASA program terminated notification, it shall immediately inform the department that the individual is unknown to the CASA program or that it terminated the notification request for the individual. (d) The department shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105. (e) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. (2) The department shall not charge a fee for state-level criminal offender record information. (3) The department may increase its fee for a CASA employment and volunteer candidate sufficient to cover the cost of processing subsequent notifications of a child abuse investigation from the Child Abuse Central Index. (f) For purposes of this section: (1) A designated CASA program is a local court-appointed special advocate program as described in Chapter 1 (commencing with Section 100) of Part 1 of Division 2 of the Welfare and Institutions Code. (2) There shall be only one designated CASA program in each California county. (Amended by Stats. 2025, Ch. 619, Sec. 1. (AB 741) Effective January 1, 2026.)
11105.05.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Criminal justice agencies must require certain workers and contractors to undergo fingerprint-based state and national criminal history background checks, and must send fingerprint images and related information to the Department of Justice. The Department of Justice must provide a state- or federal-level response.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.05. (a) Criminal justice agencies, as defined in Section 13101, shall require employees, prospective employees, volunteers, contractors, and subcontractors, to undergo a fingerprint-based state and national criminal history background check. (b) Criminal justice agencies shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (l) of Section 11105. (Added by Stats. 2025, Ch. 113, Sec. 36. (SB 160) Effective September 17, 2025.)
11105.06.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice must keep certain fingerprint and related information from specified preemployment record-search requests, and in some responses must also share the request date and requesting agency name.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.06. The Department of Justice shall retain an individual’s fingerprint images and related information submitted as part of a peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search request. When responding to preemployment criminal offender record information search requests pursuant to subdivision (k) or (l) of Section 11105, the department shall disseminate the request date and requesting agency name associated with all retained peace officer and nonsworn law enforcement agency employee information search requests. (Added by Stats. 2009, Ch. 97, Sec. 2. (AB 297) Effective January 1, 2010.)
11105.07.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Animal control officers may seek state summary criminal history information only by showing a compelling reason, and they may use it only for official duties.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.07. (a) An animal control officer, when necessary for performing his or her official duties, shall provide a compelling reason to an appropriate criminal justice agency to obtain state summary criminal history information. (b) Upon a showing of compelling need, the criminal justice agency shall respond to the animal control officer with state summary criminal history information obtained through the California Law Enforcement Telecommunications Systems (CLETS). The criminal justice agency shall provide this information to the animal control officer in a timely manner. A criminal justice agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this subdivision. (c) An animal control officer who receives state summary criminal history information pursuant to this section shall not use that information for any purpose other than for the performance of his or her official duties. (d) A law enforcement officer or other person authorized by law to provide or receive information obtained through CLETS pursuant to this section who knowingly furnishes the record or information to a person who is not authorized by law to receive that information is guilty of violating Section 11142. (e) For the purposes of this section, an animal control officer is a person authorized to exercise the powers specified in Section 830.9. (Added by Stats. 2014, Ch. 449, Sec. 1. (AB 1511) Effective January 1, 2015.)
11105.08.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A tribe or tribal organization may ask the Department of Justice for summary criminal history information, but must submit fingerprints and related information for certain people. The Department of Justice must forward federal requests to the FBI and provide a response; it may also charge a processing fee.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.08. (a) Notwithstanding any other law, a tribe or tribal organization may request from the Department of Justice state and federal summary criminal history information for the purpose of licensing or approving a tribally approved home, as defined in subdivision (r) of Section 224.1 of the Welfare and Institutions Code, for the placement of an Indian child into foster or adoptive care. (b) A tribe or tribal organization shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an individual applying with the tribe or tribal organization as a prospective foster parent or adoptive parent, any adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or employee of the child welfare agency who may have contact with a child, for the purposes of obtaining the individual’s full criminal record pursuant to Section 8712 of the Family Code. (c) Upon receipt of a tribe’s or tribal organization’s request for federal summary criminal history information received pursuant to this section, the Department of Justice shall transmit the request to the Federal Bureau of Investigation. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the requesting tribe or tribal organization. (d) The Department of Justice shall provide a state and federal level response to a tribe or tribal organization pursuant to Section 8712 of the Family Code. (e) A tribe or tribal organization shall request from the Department of Justice subsequent notification service pursuant to Section 11105.2 for persons described in subdivision (b) of this section. (f) The Department of Justice may charge a fee sufficient to cover the reasonable and appropriate costs of processing the request pursuant to this section. (g) As used in this section a “tribal organization” means an entity designated by a federally recognized tribe as authorized to approve a home consistent with Section 1915 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1915) for the purpose of placing an Indian child into foster or adoptive care. This includes the authority to conduct a criminal or child abuse background check of, and grant exemptions to, an individual who is a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of a tribal child welfare agency who may have contact with a child. (Amended by Stats. 2021, Ch. 288, Sec. 1. (AB 1283) Effective January 1, 2022.)
11105.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Certain listed officials must be given state summary criminal history information when they need it for their duties, and the court must transmit the criminal history record in the specified situations. The information may not be put into any document that becomes public record.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.1. (a) The following persons shall be furnished with state summary criminal history information when needed in the course of their duties: (1) The director of a state hospital or other treatment facility to which a person is committed for treatment under Sections 1026 and 1370 of the Penal Code, or Section 5250, if committed for being dangerous to others, or Section 5300, or former Section 6316 or 6321, of the Welfare and Institutions Code. (2) The community program director or the director’s designee under any of the following conditions: (A) When ordered to evaluate a defendant for the court under paragraph (2) of subdivision (a) of Section 1370 and subdivision (b) of Section 1026 of the Penal Code, or paragraph (2) of subdivision (a) of former Section 6316 of the Welfare and Institutions Code. (B) When ordered to provide outpatient treatment and supervision services under Title 15 (commencing with Section 1600) of Part 2 of the Penal Code. (C) When a patient is committed for being dangerous to others under Section 5250 of the Welfare and Institutions Code. (D) When the director or the director’s designee provides evaluation, supervision, or treatment for a person under Section 2964 or 2972. (3) The officer providing conservatorship investigation under Section 5354 of the Welfare and Institutions Code in cases where referral for conservatorship is made while the proposed conservatee is being treated under Section 1026 or 1370 of the Penal Code or Section 5250, if committed for being dangerous to others, or Section 5300, or former Section 6316 or 6321, of the Welfare and Institutions Code. (b) In all instances pursuant to subdivision (a), the criminal history record shall be transmitted by the court with the request for evaluation or during the conservatorship investigation or with the order committing the person to a treatment facility or approving outpatient status, except that the director of a state hospital, the county mental health director, and the officer providing conservatorship investigation may receive the state summary criminal history information from the law enforcement agency that referred the person for evaluation and treatment under Section 5150 of the Welfare and Institutions Code if the person has been subsequently committed for being dangerous to others under Section 5250 of the Welfare and Institutions Code. Information obtained under this subdivision shall not be included in any document which will become part of a public record. (Amended by Stats. 1988, Ch. 657, Sec. 3.)
11105.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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This section lets certain employers and human resource agencies request criminal history records for specific applicants and requires related registration, waivers, notices, and confidentiality rules.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.3. (a) Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which they would have supervisory or disciplinary power over a minor or any person under their care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant. (b) (1) A request for records under subdivision (a) shall include the applicant’s fingerprints, which may be taken by the requester, and any other data specified by the department. The department shall not require the applicant’s residence address for any request for records pursuant to subdivision (a). The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, a fee shall not be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions. (2) The following procedures are established under this section: (A) The department, upon receipt of a background check report lacking disposition data, shall conduct research in whatever recordkeeping systems are available in order to obtain complete data. (B) A human resource agency or employer shall register with the department before submitting a request for screening under this section. Each such request shall be voluntary. As a part of the registration, the human resource agency or employer shall agree to comply with state and federal law and shall so indicate by signing an agreement approved by the department. The department may periodically audit human resource agencies and employers to ensure compliance with federal law and this section. (C) The human resource agency or employer shall maintain a waiver signed annually by the applicant, employee, or volunteer allowing the release of the state and federal level criminal history information to the human resource agency or employer. (D) The federal level criminal history information is available to human resource agencies and employers to use only for the purpose of screening employees and volunteers or persons applying to be an employee or volunteer with a human resource agency or employer. The department shall provide this federal criminal history record information directly to the human resource agency or employer as authorized by the written waiver required pursuant to subparagraph (C) for submission of a request to the department. (E) The determination of whether the criminal history record shows that the applicant, employee, or volunteer has been convicted of, or is under pending indictment for, any crime that bears upon the fitness of the applicant, employee, or volunteer to have responsibility for the safety and well-being of children, the elderly, the handicapped, or the mentally impaired shall solely be made by the human resource agency or employer. This section does not require the department to make such a determination on behalf of any human resource agency or employer. (F) The human resource agency or employer shall notify the person in writing of their right to obtain a copy of any background screening report, including the criminal history records, if any, contained in the report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a determination as to the validity of such challenge before a final determination regarding the person is made by the human resource agency or employer reviewing the criminal history information. (c) (1) When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 273a, 273d, or 273.5, former Section 262, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins their duties or tasks. Notwithstanding any other law, a person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for conveying or receiving that information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other law requiring criminal record access or dissemination of criminal history information. (2) The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction. This paragraph does not preclude an employer from requesting records of misdemeanor convictions from the Department of Justice pursuant to this section. (d) This section does not supersede any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code. (e) The department may adopt regulations to implement the provisions of this section as necessary. (f) As used in this section, the following terms have the following meanings: (1) “Community youth athletic program” means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age. (2) “Employer” means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children. (3) “Human resource agency” means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is: (A) Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired. (B) Applying to be a volunteer who transports individuals impaired by drugs or alcohol. (C) Applying to adopt a child or to be a foster parent. (4) “Regular volunteer” has the same meaning as that term is defined in Section 18975 of the Business and Professions Code. (5) “Youth organization” means any community youth athletic program or youth service organization. (6) “Youth service organization” has the same meaning as that term is defined in Section 18975 of the Business and Professions Code. (g) Except as provided in subdivision (c), criminal history information obtained pursuant to this section is confidential and a recipient shall not disclose its contents other than for the purpose for which it was acquired. (h) (1) A community youth athletic program may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records. (2) The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate. (i) (1) A youth service organization shall request state and federal level criminal history information pursuant to subdivision (a) for an administrator, employee, or regular volunteer candidate. (2) The youth service organization may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for an administrator, employee, or regular volunteer. (j) (1) When a youth organization that requests subsequent arrest notification service pursuant to subdivision (h) or (i) knows that the individual for whom the service is requested is no longer in a position for which the service is permitted, the youth organization shall notify the department immediately to terminate the service for that individual. The department shall terminate the service for the individual upon receipt of the notification. (2) A youth organization that requests subsequent arrest notification service shall, not less than every six months, verify that each individual for whom the service has not been terminated, is still in a position with the youth organization for which the service is permitted. (3) If a youth organization receives subsequent arrest notification for an individual unknown to the youth organization or for whom the youth organization terminated the service, the youth organization shall return the notification immediately to the department, informing the department that the individual is unknown to the youth organization or that the youth organization terminated the service for that individual. (k) Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166. (Amended by Stats. 2023, Ch. 190, Sec. 10. (SB 135) Effective September 13, 2023.)
11105.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A contract security organization may request certain criminal history information for prospective employees, and recipients must keep that information confidential except for the purpose it was acquired.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.4. (a) Notwithstanding any other provision of law, a contract or proprietary security organization may request any criminal history information concerning its prospective employees that may be furnished pursuant to subdivision (n) of Section 11105. (b) The Department of Justice shall promulgate regulations to assure that criminal record information is not released to persons or entities not authorized to receive the information under this section. (c) Any criminal history information obtained pursuant to this section shall be subject to the same requirements and conditions that the information is subject to when obtained by a human resource agency or a bank. (d) The Legislature finds that contract security organizations and private security organizations often provide security service for financial institutions and human resource agencies, and, consequently, they have the same need for criminal history information as do those entities. Therefore, the Legislature intends to provide authority for contract security organizations and proprietary security organizations to obtain criminal history information to the extent that financial institutions and human resource agencies have that authority concerning their own employees. (e) As used in this section, “contract security organization” means a person, business, or organization licensed to provide services as a private patrol operator, as defined in subdivision (a) of Section 7582.1 of the Business and Professions Code. As used in this section, “proprietary security organization” means an organization within a business entity that has the primary responsibility of protecting the employees and property of its employer, and which allocates a substantial part of its annual budget to providing security and protective services for its employer, including providing qualifying and in-service training to members of the organization. (f) Any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired. (Amended by Stats. 2002, Ch. 627, Sec. 5. Effective January 1, 2003.)
11105.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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If the Department of Justice learns that a person’s record has been sealed under certain sections, it must notify the officers and agencies it previously informed about the arrest or proceedings.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.5. When the Department of Justice receives a report that the record of a person has been sealed under Section 851.7, 851.8, or 1203.45, it shall send notice of that fact to all officers and agencies that it had previously notified of the arrest or other proceedings against the person. (Amended by Stats. 1985, Ch. 106, Sec. 109.)
11105.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A local law enforcement agency may give certain booking and conviction information to a licensed bail agent or bail bond licensee if the listed conditions are met. The recipient must keep the information confidential and may not disclose it except for the purpose it was obtained for.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.6. Upon the request of a licensed bail agent or bail bond licensee, as described in Sections 1276 and 1276.5, a local law enforcement agency may furnish an individual’s known aliases and booking photograph, information identifying whether the individual has been convicted of any violent felony, as defined in subdivision (c) of Section 667.5, and an unaltered copy of the booking and property record, excluding any medical information, to the agent or licensee if all of the following circumstances exist: (a) The information is from the record of a person for whom a bench warrant has been issued, or for whom a bail forfeiture has been ordered. (b) The person described in subdivision (a) is a client of the agent or licensee. (c) The agent or licensee pays to the law enforcement agency a fee equal to the cost of providing the information. (d) Any information obtained pursuant to this section is confidential and the recipient bail agent or bail bond licensee shall not disclose its contents, other than for the purpose for which it was acquired. A violation of this subdivision is a misdemeanor. (Amended by Stats. 1999, Ch. 33, Sec. 1. Effective January 1, 2000.)
11105.7.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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If fingerprints for a criminal background check can’t be provided or read, the Department of Justice may require a second set or other verification and then treat the person as having complied.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.7. (a) Notwithstanding any other provision of law, when a person is required to submit fingerprints or a fingerprint card to the Department of Justice for a criminal background investigation for purposes of employment, certification, or licensing, and the department determines either that it is impossible for the person to submit fingerprints or that the submitted fingerprints are not legible for identification purposes, the department, in its discretion, shall do either of the following: (1) Make a determination that the person presently is unable to provide legible fingerprints, and therefore shall be deemed to have complied with the statutory requirement to submit fingerprints. The department, using available personal identifying data that the department deems appropriate, shall then conduct a search to determine if the person has a criminal history. (2) Request that the person submit a second set of fingerprints or obtain verification from another law enforcement agency that he or she is unable to provide legible fingerprint impressions either manually or electronically. If the department requests law enforcement verification of the quality of fingerprints that the person is able to provide, it may designate the law enforcement agency that is to provide the verification and provide a form for the verification. If the second set of fingerprints is illegible or if the designated law enforcement agency verifies that the person is unable to submit legible fingerprints, the person shall be deemed to have complied with the statutory requirement to submit fingerprints, and the department, using available personal identifying data it deems appropriate, shall conduct a search to determine if the person has a criminal history. (b) After a search of its data bases pursuant to subdivision (a), the department shall issue a certificate regarding the criminal history of the applicant to the employing, licensing, or certifying agency. This certificate shall indicate whether or not the applicant has any reportable criminal history for purposes of the employment, license, or certificate the applicant is seeking. The agency shall be entitled to receive information regarding any reportable offenses and may use this information to make a determination of eligibility. (c) Whenever the department determines pursuant to this section that a person has a criminal record, the person shall be provided an opportunity to question the accuracy or completeness of any material matter contained in the record, under the procedures provided in Section 11126. (d) It is the intent of the Legislature that this section shall only apply to those persons who are unable to supply legible fingerprints due to disability, illness, accident, or other circumstances beyond their control and does not apply to persons who are unable to provide fingerprints because of actions they have taken to avoid submitting their fingerprints. (Added by Stats. 1998, Ch. 452, Sec. 1. Effective September 14, 1998.)
11105.75.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice must send the criminal history record to the requesting agency or entity when fingerprint verification fails, and note unverified entries.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.75. (a) (1) If, in the course of performing a criminal history background investigation for an agency or entity statutorily authorized to receive a criminal history, the Department of Justice determines that it appears that the applicant has criminal history record information that the requesting agency is statutorily authorized to receive, but the identity of the applicant cannot be verified with fingerprints, the department shall provide a copy of the criminal history record to the requesting agency or entity but shall note any entries as to which the identity of the subject has not been fingerprint verified. (2) The department shall compare all available identifying characteristics of the applicant with those that appear in the criminal history information before responding to the requesting agency or entity with conviction disposition information that has not been fingerprint verified. (b) If an agency or entity denies a license, certificate, or employment based upon information received from the department that is not fingerprint verified, the agency or entity shall notify the applicant of its decision and that he or she may challenge the identification. In that case, the applicant may appeal the decision of the agency or entity on the grounds that the applicant is not the person so identified. (c) Neither the department nor any of its employees or any requesting agency or entity shall be liable to any applicant for misidentifications made pursuant to this section. (Added by Stats. 2000, Ch. 623, Sec. 1. Effective January 1, 2001. Operative July 1, 2002, by Sec. 2 of Ch. 623.)
11105.8.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A qualifying nonprofit organization may be granted access to criminal justice system information and the California Law Enforcement Telecommunications System if it meets all other federal and state access requirements.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.8. A nonprofit organization that is funded pursuant to subsection (a) of Section 3796h of Title 42 of the United States Code may be granted access to local, state, or federal criminal justice system information available to law enforcement agencies, including access to the California Law Enforcement Telecommunications System, provided that the nonprofit agency meets all other federal and state requirements for access to that information or system. (Added by Stats. 2010, Ch. 719, Sec. 53. (SB 856) Effective October 19, 2010.)
11105.9.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Corrections and Rehabilitation may share inmate social security numbers with certain workforce agencies, and those agencies must keep the numbers confidential and not pass them on to others not listed in the section.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11105.9. (a) (1) Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, the Department of Corrections and Rehabilitation may provide the social security numbers of current or former inmates to the Employment Development Department, the California Workforce Development Board, or the California Workforce Development Board’s designee for the purposes set forth in subdivision (i) of Section 14013 of the Unemployment Insurance Code. The Employment Development Department, the California Workforce Development Board, and any board designee shall keep the social security numbers confidential and use them only to track the labor market and other employment outcomes of program participants, as described in subdivision (i) of Section 14013 of the Unemployment Insurance Code. (2) Notwithstanding any law, the Department of Corrections and Rehabilitation shall provide the name, known aliases, birth date, social security number, and booking date and expected release date, if known, consistent with federal law, of a current inmate to the Employment Development Department for the purpose set forth in Section 321.5 of the Unemployment Insurance Code. The Department of Corrections and Rehabilitation shall provide the information to the Employment Development Department pursuant to this paragraph on the first of every month and upon request by the Employment Development Department. (b) The Employment Development Department, the California Workforce Development Board, and any board designee shall not disseminate social security numbers obtained pursuant to this section to an individual or public entity not identified in this section. (Amended by Stats. 2021, Ch. 511, Sec. 1. (AB 110) Effective October 5, 2021.)
11106.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must keep specified records, maintain a firearms registry, share information in limited cases, and protect research data confidentiality.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11106. (a) (1) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following: (A) All copies of fingerprints. (B) Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215. (C) Information reported to the Department of Justice pursuant to subdivision (e) of Section 18120, Section 26225, 26556, 26892, 27875, 27920, 27966, 28050, 29180, 29830, or paragraph (2) of subdivision (e) of Section 32000. (D) Dealers’ Records of Sale of firearms. (E) Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585. (F) Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006. (G) Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not Dealers’ Records of Sale of firearms. (H) Information provided pursuant to Section 28255. (I) Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state. (J) Reports or information provided to the Department of Justice pursuant to Section 29813. (2) The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105. (b) (1) The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof: (A) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6. (B) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6. (C) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6. (D) Any provision listed in subdivision (a) of Section 16585. (E) Former Section 12084. (F) Section 28255. (G) Section 29180. (H) Paragraph (2) of subdivision (e) of Section 32000. (I) Any other law. (2) The registry shall consist of all of the following: (A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers’ Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 29180, or any other law. (B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers’ Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law. (C) Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm. (D) The manufacturer’s name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted. (3) Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm. (4) If any person is listed in the registry as the owner of a firearm through a Dealers’ Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the record’s existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph. (c) (1) If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearm’s sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following: (A) Section 26225, 26556, 27875, 27920, 27966, or 29180. (B) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6. (C) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6. (D) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6. (E) Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6. (F) Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6. (G) Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6. (H) Any provision listed in subdivision (a) of Section 16585. (I) Paragraph (2) of subdivision (e) of Section 32000. (2) Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied: (A) The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Prevention Act set forth in Division 10 (commencing with Section 6200) of the Family Code. (B) The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court. (C) Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701. (3) The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as they deem necessary to protect themselves or another person from bodily harm by the person who is the subject of the record. (d) All information collected pursuant to this section shall be maintained by the department and shall be available to researchers affiliated with the California Firearm Violence Research Center at UC Davis for academic and policy research purposes upon proper request and following approval by the center’s governing institutional review board when required. At the department’s discretion, and subject to Section 14240, information collected pursuant to this section may be provided to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation for the study of the prevention of violence and following approval by the institution’s governing institutional review board or human subjects committee when required. Material identifying individuals shall only be provided for research or statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities, and reports or publications derived therefrom shall not identify specific individuals. Reasonable costs to the department associated with the department’s processing of such data may be billed to the researcher. If a request for data or letter of support for research using the data is denied, the department shall provide a written statement of the specific reasons for the denial. (Amended by Stats. 2023, Ch. 251, Sec. 1.1. (SB 368) Effective January 1, 2024.)
11106.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice may use certain non-editable reproduction systems to record documents, and storage media must meet minimum quality standards approved by NIST.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11106.1. Any system of microphotography, optical disk, or reproduction by other techniques that do not permit additions, deletions, or changes to the original document, may be used by the Department of Justice as a photographic reproduction process to record some or all instruments, papers, photographs, and notices that are required or permitted by law to be recorded or filed. All storage medium shall comply with minimum standards of quality approved by the National Institute of Standards and Technology. (Amended by Stats. 1993, Ch. 1270, Sec. 4. Effective January 1, 1994.)
11106.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A criminal justice agency may microphotograph or otherwise reproduce records it officially holds, and each reproduction is treated as an original or certified copy.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11106.2. Any criminal justice agency may cause any or all files or records in its official custody to be microphotographed or otherwise reproduced pursuant to Section 11106.1, as in the case of original filings or recordings, or both. Every reproduction shall be deemed and considered an original, and as a transcript, exemplification or certified copy, as the case may be, of the original. (Added by Stats. 1989, Ch. 257, Sec. 4.)
11106.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Fingerprints may be stored or created electronically if the storage medium prevents additions, deletions, or changes to the original fingerprints and meets NIST quality standards.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11106.3. Fingerprints may be stored or created in an electronic format that does not permit additions, deletions or changes to the original fingerprints so long as the storage medium complies with the minimum standards of quality approved by the National Institute of Standards and Technology. (Added by Stats. 2004, Ch. 65, Sec. 2. Effective January 1, 2005.)
11106.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Law enforcement agencies must adopt written welfare-check policies, and those policies should encourage officers to check the firearms registry when reasonable.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11106.4. (a) Every law enforcement agency shall develop, adopt, and implement written policies and standard protocols pertaining to the best manner to conduct a “welfare check,” when the inquiry into the welfare or well-being of the person is motivated by a concern that the person may be a danger to himself or herself or to others. The policies shall encourage a peace officer, prior to conducting the welfare check and whenever possible and reasonable, to conduct a search of the Department of Justice Automated Firearms System via the California Law Enforcement Telecommunications System to determine whether the person is the registered owner of a firearm. (b) For purposes of this section, “reasonable” as used in subdivision (a) means that the officer could conduct the firearm registry check without undue burden on the execution of the officer’s other duties, that there are no exigent circumstances demanding immediate attention, and that the peace officer has access to, or can reasonably ascertain, relevant identifying information. (Added by Stats. 2014, Ch. 918, Sec. 1. (SB 505) Effective January 1, 2015.)
11107.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Sheriffs and police chief executives must send the Department of Justice daily crime reports on approved forms, and the reports must describe the crimes and circumstances in detail.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11107. Each sheriff or police chief executive shall furnish all of the following information to the Department of Justice on standard forms approved by the department: Daily reports of those misdemeanors and felonies that are required to be reported by the Attorney General including, but not limited to, forgery, fraud-bunco, bombings, receiving or selling stolen property, safe and commercial burglary, grand theft, child abuse, homicide, threats, and offenses involving lost, stolen, found, pledged, or pawned property. The reports required by this section shall describe the nature and character of each such crime and note all particular circumstances thereof and include all additional or supplemental data. The Attorney General may also require that the report shall indicate whether or not the submitting agency considers the information to be confidential because it was compiled for the purpose of a criminal investigation of suspected criminal activities. The term “criminal investigation” includes the gathering and maintenance of information pertaining to suspected criminal activity. (Amended by Stats. 1984, Ch. 1613, Sec. 1. Effective September 30, 1984.)
11107.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Attorney General must report annually to the Legislature about information on child sexual abuse reported to the Department of Justice, and the reports must not release confidential information.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11107.5. The Attorney General shall report annually to the Legislature concerning the information pertaining to the sexual abuse of children reported to the Department of Justice pursuant to Sections 11107 and 11169. No confidential information shall be released in the reports submitted to the Legislature. (Added by Stats. 1985, Ch. 592, Sec. 1.)
11107.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice must notify three legislative committees within 30 days after determining that legislation is likely needed for a criminal-history-information recipient to regain or keep proper authorization for an applicant population.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11107.6. The Department of Justice shall inform the Joint Legislative Budget Committee, the Senate Standing Committee on Public Safety, and the Assembly Committee on Public Safety within 30 days of determining that a legislative enactment is likely to be needed for an entity that is authorized to receive criminal history information pursuant to state or federal law to reestablish or retain proper authorization for an applicant population. (Added by Stats. 2025, Ch. 113, Sec. 38. (SB 160) Effective September 17, 2025.)
11108.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Each sheriff or police chief executive must submit descriptions of certain reported property into the appropriate Department of Justice automated property system.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11108. Each sheriff or police chief executive shall submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, found, recovered, held for safekeeping, or under observation, directly into the appropriate Department of Justice automated property system for stolen bicycles, stolen vehicles, or other property, as the case may be. (Amended by Stats. 2018, Ch. 864, Sec. 1. (AB 2222) Effective January 1, 2019.)
11108.10.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A local law enforcement agency may enter certain ballistic information into NIBIN, and the Attorney General must develop a protocol and may issue guidelines for the section.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11108.10. (a) In addition to the requirements of Sections 11108.2 and 11108.3, a local law enforcement agency may cause to be entered into the United States Department of Justice, National Integrated Ballistic Information Network (NIBIN) information to ensure that representative samples of fired bullets and cartridge cases collected at crime scenes, from test-fires of firearms recovered at crime scenes, and other firearm information needed to investigate crimes, are recorded into the NIBIN in accordance with the protocol set forth in subdivision (b). (b) The Attorney General, in cooperation with those law enforcement agencies that choose to do so, shall develop a protocol for the implementation of this section. (c) The Attorney General shall have the authority to issue guidelines to further the purposes of this section. (Amended by Stats. 2018, Ch. 864, Sec. 5. (AB 2222) Effective January 1, 2019.)
11108.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A law enforcement agency must enter certain reported firearms into the Department of Justice Automated Firearms System within 7 calendar days after notice.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11108.2. (a) A law enforcement agency shall enter or cause to be entered into the Department of Justice Automated Firearms System each firearm that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered pursuant to Section 26892, 28050, or 29830, relinquished pursuant to Section 527.9 of the Code of Civil Procedure, Section 6389 of the Family Code, Section 18120 of this code, or any other section of law that requires relinquishment or surrender of firearms to that law enforcement agency, or under observation, within seven calendar days after being notified of the precipitating event. (b) Information about a firearm entered into the automated system for firearms shall remain in the system until the reported firearm has been found, recovered, is no longer under observation, or the record is determined to have been entered in error. (c) Any costs incurred by the Department of Justice to implement subdivision (b) shall be reimbursed from funds other than fees charged and collected pursuant to Sections 28225, 28230, and 28233. (d) As used in this section, “law enforcement agency” means a police or sheriff’s department, or any department or agency of the state or any political subdivision thereof that employs any peace officer as defined in Section 830, including, but not limited to, the Department of the California Highway Patrol, the Department of Fish and Wildlife, the University of California or California State University Police Departments, and the police department of any school district, transit district, airport, and harbor, port, or housing authority. (e) This section shall become operative on January 1, 2026. (Repealed (in Sec. 12) and added by Stats. 2024, Ch. 544, Sec. 13. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
11108.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Certain law enforcement agencies must report firearm-tracing information to the Department of Justice within seven days; the department must forward, retain, analyze, and report on that information.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11108.3. (a) In addition to the requirements of Section 11108.2 that apply to a law enforcement agency’s duty to report to the Department of Justice the recovery of a firearm, a law enforcement agency described in Section 11108.2 shall, and any other law enforcement agency or agent, including but not limited to a federal or tribal law enforcement agency or agent, may, report to the department in a manner determined by the Attorney General in consultation with the Bureau of Alcohol, Tobacco, Firearms and Explosives all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within seven calendar days of obtaining the information. (b) When the department receives information from a law enforcement agency pursuant to subdivision (a), it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable. (c) In implementing this section, the Attorney General shall ensure to the maximum extent practical that both of the following apply: (1) The information provided to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives enables that agency to trace the ownership of the firearm described in subdivision (a). (2) Law enforcement agencies can report all relevant information without being unduly burdened by this reporting function. (d) Information collected pursuant to this section shall be maintained by the department for a period of not less than 10 years, and shall be available, under guidelines set forth by the Attorney General, for academic and policy research purposes. (e) The department shall, on an ongoing basis, analyze the information collected pursuant to this section for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of those firearms. (f) (1) The department shall, by no later than July 1, 2023, and annually thereafter, prepare and submit a report to the Legislature summarizing the analysis completed pursuant to subdivisions (e) and (g). This report shall be submitted in compliance with Section 9795 of the Government Code. (2) The report shall, without limitation and to the extent possible, include all of the following: (A) The total number of firearms recovered in the state. (B) The number of firearms recovered, disaggregated by county and by city. (C) The number of firearms recovered, disaggregated by the firearms dealer where the most recent sale or transfer of the firearm occurred. This shall include the full name and address of the firearms dealer. (D) The number of firearms recovered, disaggregated by manufacturer. (E) The total number of unserialized firearms recovered in the state. (F) The number of unserialized firearms recovered, disaggregated by county and by city. (3) The department shall make the report described in this subdivision available to the public. (g) The report described in subdivision (f) shall also contain all of the following information from the applicable time period described in subdivision (h): (1) The department’s staffing levels for conducting firearms dealer inspections pursuant to Section 26720 and ammunition vendor inspections pursuant to Section 30345, to include both allocated positions and filled positions. (2) The number of firearms dealer inspections conducted and, for each inspection, all of the following information: (A) The name of the dealer. (B) The dealer’s license number. (C) The business address of the dealer. (D) The number of hours spent to complete the inspection. (E) A list of violations identified through the inspection, whether those violations were subsequently resolved and, if so, the date they were resolved, and any fines or penalties assessed. (F) The date of reinspection, if applicable, and any violations identified during reinspection. (G) The dates of any prior inspections. (H) The number of Dealers’ Record of Sale (DROS) background checks submitted by the dealer during the one-year period prior to the inspection, and the outcome of those background checks. (I) The total number of firearms used in crimes that were traced back to the dealer during the one-year period prior to the inspection, and the percentage of total sales by the dealer in the same period of time that the traced firearms represent. (J) The number of firearms that the dealer reported or discovered lost or stolen during the one-year period prior to the inspection. (3) The number of ammunition vendor inspections conducted and, for each inspection, all of the following information: (A) The name of the vendor. (B) The vendor’s license number. (C) The business address of the vendor. (D) The number of hours spent to complete the inspection. (E) A list of violations identified through the inspection, whether those violations were subsequently resolved and, if so, the date they were resolved, and any fines or penalties assessed. (F) The date of reinspection, if applicable, and any violations identified during reinspection. (G) The dates of any prior inspections. (H) The number of ammunition purchaser background checks submitted by the vendor during the one-year period prior to the inspection, and the outcome of those background checks. (I) The amount of ammunition that the vendor reported or discovered lost or stolen during the one-year period prior to the inspection. (4) All of the following information regarding the roster of handguns that have been determined not to be unsafe handguns, as described in Section 32015: (A) The total number of handguns on the roster. (B) The number of handguns added to the roster during the applicable time period. (C) The number of handguns removed from the roster during the applicable time period, including the reasons for removal. (D) The number of handguns that were denied approval to be listed on the roster during the applicable time period, including the reasons for denial. (h) The report described in subdivision (f) that is due by no later that July 1, 2025, shall include the data described in subdivision (g) from January 1, 2020, to December 31, 2024, inclusive. Each annual report thereafter shall include the data described in subdivision (g) from the previous year. (i) The Attorney General may issue regulations to further the purposes of this section. (Amended by Stats. 2024, Ch. 546, Sec. 1. (SB 965) Effective January 1, 2025.)
11108.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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A law enforcement agency must notify the owner or claimant where identified lost-or-stolen property is located within 15 days, and must make certain recovered property available to the person entitled to it once it is no longer needed as evidence.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11108.5. (a) If a law enforcement agency identifies serialized property or any property reported pursuant to Section 21628 of the Business and Professions Code that has been reported lost or stolen by the owner or a person entitled to possession of the property and the property has been entered into the appropriate Department of Justice automated property system pursuant to Section 11108 or 11108.2, the agency shall notify the owner or person claiming to be entitled to possession of the property of the location of the property within 15 days of making the identification. If the location of the property was reported by a licensed pawnbroker or secondhand dealer pursuant to Section 21630 of the Business and Professions Code, notwithstanding the method by which the property was identified, notice shall be given to the party who reported the property lost or stolen pursuant to Section 21647 of the Business and Professions Code. (b) If the property is in the custody of the law enforcement agency and it is determined that the property is no longer required for use as evidence in a criminal case, the property shall be made available to the person entitled to possession pursuant to Section 1417.5 or if the property was found in the possession of a licensed pawnbroker or secondhand dealer, pursuant to Section 21647 of the Business and Professions Code. (c) Subdivision (a) shall not apply to the return to an owner of a lost or stolen vehicle, as defined in Section 670 of the Vehicle Code if the report of theft or loss of the vehicle into the automated property system preceded the report of the acquisition of property as set forth in Section 21628 of the Business and Professions Code by a licensed pawnbroker. (Amended by Stats. 2018, Ch. 864, Sec. 4. (AB 2222) Effective January 1, 2019.)
11108.9.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Local law enforcement agencies must develop a Serial Number Restoration Plan and submit it to the Department of Justice by January 1, 2000.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11108.9. Each local law enforcement agency shall develop, in conjunction with and subject to the approval of the Department of Justice, a succinct Serial Number Restoration Plan setting forth the goals for reduction in the number of recovered firearms that cannot be traced due to obliterated serial numbers, and the methods that the local agency will follow in order to achieve these goals, including, but not limited to, establishing local programs for restoring serial numbers and accessing resources of the Department of Justice or the federal Bureau of Alcohol, Tobacco, Firearms and Explosives for restoring serial numbers. These plans shall be submitted to the Department of Justice by January 1, 2000. (Amended by Stats. 2014, Ch. 103, Sec. 2. (AB 1798) Effective January 1, 2015.)
11109.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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Coroners must send the Department of Justice fingerprints and identifying information for certain deceased persons, and the Department of Justice must notify specified agencies when a criminal record is on file.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11109. Each coroner promptly shall furnish the Department of Justice with copies of fingerprints on standardized eight-inch by eight-inch cards, and descriptions and other identifying data, including date and place of death, of all deceased persons whose deaths are in classifications requiring inquiry by the coroner where the coroner is not satisfied with the decedent’s identification. When it is not physically possible to furnish prints of the 10 fingers, prints or partial prints of any fingers, with other identifying data, shall be forwarded by the coroner to the department. In all cases where there is a criminal record on file in the department for the decedent, the department shall notify the Federal Bureau of Investigation, and each California sheriff and chief of police in whose jurisdiction the decedent has been arrested, of the date and place of death of the decedent. (Added by renumbering Section 11113 by Stats. 1996, Ch. 124, Sec. 86. Effective January 1, 1997.)
1111.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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A conviction cannot be based on accomplice testimony unless it is corroborated by other evidence connecting the defendant to the offense.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1111. A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. An accomplice is hereby defined as one who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given. (Amended by Stats. 1915, Ch. 457.)
1111.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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A court may not rely on uncorroborated in-custody informant testimony to convict or to find aggravating facts or special circumstances.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1111.5. (a) A jury or judge may not convict a defendant, find a special circumstance true, or use a fact in aggravation based on the uncorroborated testimony of an in-custody informant. The testimony of an in-custody informant shall be corroborated by other evidence that connects the defendant with the commission of the offense, the special circumstance, or the evidence offered in aggravation to which the in-custody informant testifies. Corroboration is not sufficient if it merely shows the commission of the offense or the special circumstance or the circumstance in aggravation. Corroboration of an in-custody informant shall not be provided by the testimony of another in-custody informant unless the party calling the in-custody informant as a witness establishes by a preponderance of the evidence that the in-custody informant has not communicated with another in-custody informant on the subject of the testimony. (b) As used in this section, “in-custody informant” means a person, other than a codefendant, percipient witness, accomplice, or coconspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail, state penal institution, or correctional institution. Nothing in this section limits or changes the requirements for corroboration of accomplice testimony pursuant to Section 1111. (Added by Stats. 2011, Ch. 153, Sec. 1. (SB 687) Effective January 1, 2012.)
11111.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice must keep records of stolen and lost bicycles in the Criminal Justice Information System, and authorized law enforcement agencies may access those records through the California Law Enforcement Telecommunications System.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11111. The Department of Justice shall maintain records relative to stolen and lost bicycles in the Criminal Justice Information System. Such records shall be accessible to authorized law enforcement agencies through the California Law Enforcement Telecommunications System. (Amended by Stats. 1974, Ch. 971.)
11112.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. )
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The Department of Justice must help process fingerprint cards when it provides fingerprint clearances for employment purposes.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3. Criminal Identification and Statistics [11100 - 11112] ( Article 3 added by Stats. 1953, Ch. 1385. ) ## 11112. The Department of Justice, in providing fingerprint clearances for employment purposes, shall facilitate the processing of fingerprint cards of employees of, and applicants for employment with, community care facilities, as defined in Section 1502 of the Health and Safety Code, which provide services to children, and child day care facilities, as defined in Section 1596.750 of the Health and Safety Code. (Added by Stats. 1986, Ch. 927, Sec. 6. Effective September 22, 1986.)
11112.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. )
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This section defines several terms used in the article, including Cal-ID, RAN, Department, and the Cal-ID Telecommunications System.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. ) ## 11112.1. As used in this article: (a) “California Identification System” or “Cal-ID” means the automated system maintained by the Department of Justice for retaining fingerprint files and identifying latent fingerprints. (b) “Remote Access Network” or “RAN” means a uniform statewide network of equipment and procedures allowing local law enforcement agencies direct access to the California Identification System. (c) “Department” means the Department of Justice. (d) “Cal-ID Telecommunications System” means a statewide telecommunications network dedicated to the transmission of fingerprint identification data in conjunction with Cal-ID for use by law enforcement agencies. (Added by Stats. 1985, Ch. 1234, Sec. 3.)
11112.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. )
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The department must create and update a RAN master plan, set policy and procedures for RAN, include interface specifications and equipment recommendations, and provide the plan to interested suppliers by May 15, 1986.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. ) ## 11112.2. The department shall develop a master plan recommending the type, number, and location of equipment necessary to implement RAN. The department shall also develop policy guidelines and administrative procedures to facilitate the implementation and use of RAN. The RAN master plan shall include reasonable interface specifications to access Cal-ID and shall be provided to any supplier of automated fingerprint identification systems interested in bidding on RAN by May 15, 1986. The master plan shall provide for the use of facsimile and direct image “live read” fingerprint equipment under RAN, including point-of-booking terminals. The department shall amend the master plan to include additional processing, matching, and communications equipment at the Department of Justice, and to recommend the type, number, and location of equipment necessary to implement facsimile and direct image “live read” fingerprint equipment as part of RAN, including point-of-booking terminals. Funding shall be on a shared basis between the state and a region pursuant to Section 11112.5. (Amended by Stats. 1988, Ch. 1263, Sec. 1.)
11112.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. )
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The Attorney General must appoint a RAN Advisory Committee, and the Attorney General makes final approval of its proposals.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. ) ## 11112.3. (a) The Attorney General shall appoint a RAN Advisory Committee to review the master plan, policy guidelines, and administrative procedures prepared by the department and advise the Attorney General of any modifications the committee deems necessary. Final approval and acceptance of the RAN Advisory Committee proposals shall be made by the Attorney General. (b) The RAN Advisory Committee shall be composed of one representative from each of the following: The League of California Cities, California Peace Officers’ Association, California District Attorneys’ Association, California Police Chiefs’ Association, California State Sheriffs’ Association, County Supervisors’ Association of California, Department of General Services, Office of Information Technology, and the Department of Justice. The members of the committee shall select a chairperson. The members shall serve without compensation, but reasonable and necessary travel and per diem expenses incurred by committee members shall be reimbursed by the department. The RAN Advisory Committee shall terminate January 1, 1989, unless extended by legislation enacted prior thereto. (Added by Stats. 1985, Ch. 1234, Sec. 3.)
11112.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. )
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Certain counties that qualify for funding and choose to participate in the Remote Access Network must have a local RAN board, and that board must handle equipment placement, coordination, and related procedures.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. ) ## 11112.4. (a) Within each county or group of counties eligible to receive funding under the department’s master plan for equipment, that elects to participate in the Remote Access Network, a local RAN board shall be established. Where a single county is eligible to receive funding, that county’s RAN board shall be the local RAN board. Where a group of counties is eligible for funding, the local RAN board shall consist of a regional board. The RAN board shall determine the placement of RAN equipment within the county or counties, and coordinate acceptance, delivery, and installation of RAN equipment. The board shall also develop any procedures necessary to regulate the ongoing use and maintenance of that equipment, adhering to the policy guidelines and procedures adopted by the department. The local board shall consider placement of equipment on the basis of the following criteria: (1) The crime rate of the jurisdiction or jurisdictions served by the agency. (2) The number of criminal offenses reported by the agency or agencies to the department. (3) The potential number of fingerprint cards and latent fingerprints processed. (4) The number of sworn personnel of the agency or agencies. (b) Except as provided in subdivision (c), each RAN board shall be composed of seven members, as follows: a member of the board of supervisors, the sheriff, the district attorney, the chief of police of the Cal-ID member department having the largest number of sworn personnel within the county, a second chief selected by all other police chiefs within the county, a mayor elected by the city selection committee established pursuant to Section 50270 of the Government Code, and a member-at-large chosen by the other members. In any county lacking two chiefs of police, a substitute member shall be selected by the other members on the board. Groups of counties forming a region shall establish a seven-member board with each county having equal representation on the board and at least one member-at-large. If the number of participating counties precludes equal representation on a seven-member board, the size of the board shall be expanded so that each county has at least two representatives and there is a single member-at-large. (c) In any county with a population of 5,000,000 or more, each local board shall be composed of seven members, as follows: a member of the board of supervisors, the sheriff, the district attorney, the chief of police of the Cal-ID member department having the largest number of sworn personnel within the county, a second chief selected by all other police chiefs within the county, the mayor of the city with the greatest population within the county that has a Cal-ID member police department, and a member-at-large chosen by the other members. In any county lacking two chiefs of police, a substitute member shall be selected by the other members of the board. (d) A county which is a part of a regional board may form a local RAN advisory board. The purpose of the local RAN advisory board shall be to provide advice and recommendations to the county’s representatives on the regional RAN board. The local RAN advisory board may appoint alternate members to the regional RAN board from the local RAN advisory board to serve and work in the place of a regional RAN board member who is absent or who disqualifies himself or herself from participation in a meeting of the regional RAN board. If a vacancy occurs in the office of a regional RAN board in a county which has established a local RAN advisory board, an alternate member selected by the local RAN advisory board may serve and vote in place of the former regional RAN board member until the appointment of a regional RAN board member is made to fill the vacancy. (Amended by Stats. 2004, Ch. 73, Sec. 1. Effective January 1, 2005.)
11112.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. )
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This section allocates Cal-ID equipment costs between the state and local government, allows certain purchases through the existing contract, and sets conditions for independent local procurements.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. ) ## 11112.5. (a) Costs for equipment purchases based upon the master plan approved by the Attorney General, including state sales tax, freight, insurance, and installation, shall be prorated between the state and local governmental entity. The state’s share shall be 70 percent. The local government’s share shall be 30 percent, paid in legal tender. Purchases may be made under the existing Cal-ID contract through the Department of General Services. (b) Alternatively, at the discretion of the local board, an independent competitive procurement may be initiated under the following conditions: (1) Prior to submitting a bid in an independent procurement, any prospective bidder must demonstrate the ability to meet or exceed performance levels established in the existing Cal-ID contract and demonstrate the ability to interface with Cal-ID and meet or exceed performance levels established in the existing Cal-ID contract without degrading the performance of the Cal-ID system. (2) Both qualifying benchmarks will be at the prospective bidder’s expense and will be conducted by the Department of Justice. (3) In the event that no vendor other than the existing contract vendor qualifies to bid, purchases shall be made by the Department of General Services on behalf of local agencies pursuant to the existing Cal-ID contract. (c) Competitive local procurements must adhere to the following guidelines: (1) Administrative requirements contained within Section 5200 of the State Administrative Manual shall be met. (2) Local procurements shall not increase the costs the state would otherwise be obligated to pay. (3) Final bids submitted in an independent procurement shall contain a signed contract that represents an irrevocable offer that does not materially deviate from the terms and conditions of the existing Cal-ID contract. (4) The selected vendor shall post a performance bond in an amount equal to 25 percent of the local equipment costs. The bond shall remain in effect until the local acceptance test has been successfully completed. (5) Requests for tender, including contract language, shall be approved by the Department of General Services prior to release. The Department of General Services and the Department of Justice shall be represented on the evaluation and selection team. (d) The local government agency shall be responsible for all costs related to conducting a local bid, site preparation, equipment maintenance, ongoing operational costs, file conversion over and above those records that are available on magnetic media from the Department of Justice, and equipment enhancements or systems design which exceed the basic design specifications of the Department of Justice. The state shall provide sufficient circuitry to each county, or group of counties to handle all fingerprint data traffic. The state shall provide for annual maintenance of that line. (Amended by Stats. 2008, Ch. 699, Sec. 16. Effective January 1, 2009.)
11112.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. )
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The Cal-ID Telecommunications System must be directed by the Attorney General, used only for official government business, and maintained by the department with adequate equipment and facilities.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. ) ## 11112.6. (a) The Cal-ID Telecommunications System shall be under the direction of the Attorney General and shall be used exclusively for the official business of the state, and the official business of any city, county, city and county, or other public agency. (b) The Cal-ID Telecommunications System shall provide telecommunication lines to one location in every participating county. (c) The Cal-ID Telecommunications System shall be maintained at all times by the department with equipment and facilities adequate to meet the needs of law enforcement. The system shall be designed to accommodate present and future data transmission equipment. (Added by Stats. 1985, Ch. 1234, Sec. 3.)
11112.7.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. )
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The Attorney General must give the Legislature an annual status report starting January 1, 1987, and the final report is due January 1, 1990.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 3.5. Fingerprints and Photographs [11112.1 - 11112.7] ( Heading of Article 3.5 amended by Stats. 1993, Ch. 1270, Sec. 5. ) ## 11112.7. The Attorney General shall provide an annual status report to the Legislature beginning January 1, 1987, with the final report due January 1, 1990. The report shall include the status of the project to date, funds expended, and need, if any, for revision to the master plan. (Amended by Stats. 1988, Ch. 1263, Sec. 3.)
11115.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
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Law enforcement agencies must send a disposition report when an arrested person is transferred to another agency or released without a court complaint or accusation.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11115. In any case in which a sheriff, police department or other law enforcement agency makes an arrest and transmits a report of the arrest to the Department of Justice or to the Federal Bureau of Investigation, it shall be the duty of such law enforcement agency to furnish a disposition report to such agencies whenever the arrested person is transferred to the custody of another agency or is released without having a complaint or accusation filed with a court. The disposition report in such cases shall be furnished to the appropriate agencies within 30 days of release or transfer to another agency. If either of the following dispositions is made, the disposition report shall so state: (a) “Arrested for intoxication and released,” when the arrested party is released pursuant to paragraph (2) of subdivision (b) of Section 849. (b) “Detention only,” when the detained party is released pursuant to paragraph (1) of subdivision (b) of Section 849 or issued a certificate pursuant to subdivision (b) of Section 851.6. In such cases the report shall state the specific reason for such release, indicating that there was no ground for making a criminal complaint because (1) further investigation exonerated the arrested party, (2) the complainant withdrew the complaint, (3) further investigation appeared necessary before prosecution could be initiated, (4) the ascertainable evidence was insufficient to proceed further, (5) the admissible or adducible evidence was insufficient to proceed further, or (6) other appropriate explanation for release. (Amended by Stats. 1978, Ch. 152.)
11116.10.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
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If a victim or witness asks, the prosecuting attorney must notify them by letter of the case’s final disposition within 30 days.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11116.10. (a) Upon the request of a victim or a witness of a crime, the prosecuting attorney shall, within 30 days of the final disposition of the case, inform the victim or witness by letter of such final disposition. Such notice shall state the information described in Section 13151.1. (b) As used in this section, “victim” means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a direct result of the crime charged. (c) As used in this section, “witness” means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced. (d) As used in this section, “final disposition,” means an ultimate termination of the case at the trial level including, but not limited to, dismissal, acquittal, or imposition of sentence by the court, or a decision by the prosecuting attorney, for whatever reason, not to file the case. (e) Subdivision (a) does not apply in any case where the offender or alleged offender is a minor unless the minor has been declared not a fit and proper subject to be dealt with under the juvenile court law. (f) This section shall not apply to any case in which a disposition was made prior to the effective date of this section. (Amended by Stats. 2023, Ch. 715, Sec. 5. (SB 464) Effective January 1, 2024.)
11116.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
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A person subject to the disposition may use a qualifying dismissal and reason for it as an answer to questions about arrest or detention history or the outcome of a criminal case.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11116.5. Any dismissal and reason therefor provided by Section 11115 or 13151. 1 may be used by the person subject to the disposition as an answer to any question regarding his arrest or detention history or any question regarding the outcome of a criminal proceeding against him. (Amended by Stats. 1978, Ch. 152.)
11116.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
Verify source ↗

Dispositions under Sections 11115 and 13151.1 must be entered on the appropriate records of the arrested, detained, or criminally charged person.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11116.6. The dispositions provided by Sections 11115 and 13151.1 must be entered on all appropriate records of the party arrested, detained, or against whom criminal proceedings are brought. (Amended by Stats. 1978, Ch. 152.)
11116.7.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
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When a qualifying accusatory pleading is filed, the court must give the named defendant a certificate of disposition if requested.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11116.7. Whenever an accusatory pleading is filed in any court of this state alleging a public offense for which a defendant may be punished by incarceration, for a period in excess of 90 days, the court shall furnish upon request of the defendant named therein a certificate of disposition which describes the disposition of the accusatory pleading in that court when such disposition is one described in Section 13151.1. The certificate of disposition shall be signed by the judge, shall substantially conform with the requirements of Section 11116.8, and the seal of the court shall be affixed thereto. In the event that the initial disposition of the accusatory pleading is changed, a new disposition certificate showing the changed disposition shall be issued by the court changing the same upon request of the defendant or his counsel of record. (Amended by Stats. 1978, Ch. 152.)
11116.8.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
Verify source ↗

A certificate of disposition must describe the charges in the original and any amended accusatory pleading, and the disposition of each charge.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11116.8. The certificate of disposition provided by Section 11116.7 shall describe the charge or charges set forth in the original and any amended accusatory pleading, together with the disposition of each charge in the original and any amended accusatory pleading. (Amended by Stats. 1978, Ch. 152.)
11116.9.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
Verify source ↗

The court clerk must give the defendant or defense counsel additional certified copies of the disposition certificate when the required legal fees for certified copies are paid.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11116.9. The clerk of the court in which the disposition is made shall provide the defendant or his counsel of record with additional certified copies of the disposition certificate upon the payment of the fees provided by law for certified copies of court records. (Added by Stats. 1972, Ch. 1279.)
11117.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. )
Verify source ↗

The Department of Justice must prescribe and provide the forms and procedures for certain reports, and add received reports to appropriate criminal records. Those reports are not admissible in civil actions.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 4. Criminal Records [11115 - 11117] ( Article 4 added by Stats. 1961, Ch. 1025. ) ## 11117. The Department of Justice shall prescribe and furnish the procedures and forms to be used for the disposition and other reports required in this article and in Sections 13151 and 13152. The department shall add the reports received to all appropriate criminal records. Neither the reports required in this article nor those required in Sections 13151 and 13152 shall be admissible in evidence in any civil action. (Amended by Stats. 1978, Ch. 152, Sec. 9.)
1112.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
Verify source ↗

The trial court may not order a psychiatric or psychological examination of certain witnesses or victims in a sexual assault prosecution to assess credibility.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1112. Notwithstanding the provisions of subdivision (d) of Section 28 of Article I of the California Constitution, the trial court shall not order any prosecuting witness, complaining witness, or any other witness, or victim in any sexual assault prosecution to submit to a psychiatric or psychological examination for the purpose of assessing his or her credibility. (Amended by Stats. 1984, Ch. 1101, Sec. 1. Effective September 13, 1984.)
11120.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

In this article, “record” means a person’s state summary criminal history information kept by the Department of Justice under that person’s name.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11120. As used in this article, “record” with respect to any person means the state summary criminal history information as defined in subdivision (a) of Section 11105, maintained under such person’s name by the Department of Justice. (Amended by Stats. 1975, Ch. 1222.)
11121.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

People whose records are kept in the bureau’s files are intended to be able to get a copy of the record and challenge incorrect information.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, and to refute any erroneous or inaccurate information contained therein. (Amended by Stats. 1980, Ch. 939, Sec. 1.)
11122.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

A person seeking a copy of his own record must get an application form from the department and provide fingerprints and other information the department specifies.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11122. Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicant’s fingerprints to the form, and shall retain such fee. (Amended by Stats. 1980, Ch. 939, Sec. 2.)
11123.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

The applicant must submit the completed application directly to the department and include a fee of up to $25, subject to the department’s cost-based determination. A fee waiver request must be filed with the original record request and include a claim and proof of indigency.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11123. The applicant shall submit the completed application directly to the department. The application shall be accompanied by a fee not to exceed twenty-five dollars ($25) that the department determines equals the costs of processing the application and providing a copy of the record to the applicant. All fees received by the department under this section are hereby appropriated without regard to fiscal years for the support of the Department of Justice in addition to such other funds as may be appropriated therefor by the Legislature. Any request for waiver of fee shall accompany the original request for the record and shall include a claim and proof of indigency. (Amended by Stats. 1980, Ch. 939, Sec. 3.)
11124.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

When the department gets an application, it must check whether it has a record for the applicant and then either send a copy or say that no record exists.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11124. When an application is received by the department, the department shall determine whether a record pertaining to the applicant is maintained. If such record is maintained, the department shall furnish a copy of the record to the applicant or to an individual designated by the applicant. If no such record is maintained, the department shall so notify the applicant or an individual designated by the applicant. Delivery of the copy of the record, or notice of no record, may be by mail or other appropriate means agreed to by the applicant and the department. (Amended by Stats. 1980, Ch. 939, Sec. 4.)
11125.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

No person or agency may require or request someone else to provide a copy of a record, or a notice that a record exists or does not exist, except as allowed by Section 11124.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11125. No person or agency shall require or request another person to furnish a copy of a record or notification that a record exists or does not exist, as provided in Section 11124. A violation of this section is a misdemeanor. (Amended by Stats. 1992, Ch. 1227, Sec. 2. Effective January 1, 1993.)
11126.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

A person may ask the department to correct a record by filing a written request; the department must review it and, if needed, make corrections and give the applicant a corrected copy.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11126. (a) If the applicant desires to question the accuracy or completeness of any material matter contained in the record, the applicant may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. (b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, it shall correct its record and shall so inform the department, which shall correct the record accordingly. The department shall inform the applicant of its correction of the record under this subdivision within 30 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. (c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code. (d) Subdivision (c) does not apply to allegations of inaccuracy or incompleteness in the record based on record relief available pursuant to Section 851.93 or 1203.425 of the Penal Code. (Amended by Stats. 2024, Ch. 49, Sec. 13. (AB 168) Effective July 2, 2024.)
11127.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. )
Verify source ↗

The department must adopt regulations needed to carry out this article.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 5. Examination of Records [11120 - 11127] ( Article 5 added by Stats. 1971, Ch. 1439. ) ## 11127. The department shall adopt all regulations necessary to carry out the provisions of this article. (Amended by Stats. 1972, Ch. 1377.)
1113.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
Verify source ↗

The court may order the jury discharged if it appears the court lacks jurisdiction over the offense or the charged facts do not amount to an offense punishable by law.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1113. The Court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged do not constitute an offense punishable by law. (Amended by Code Amendments 1880, Ch. 47.)
1114.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
Verify source ↗

If the jury is discharged for lack of court jurisdiction and the offense was committed outside the state, the defendant must be discharged.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1114. If the jury be discharged because the Court has not jurisdiction of the offense charged, and it appear that it was committed out of the jurisdiction of this State, the defendant must be discharged. (Amended by Code Amendments 1880, Ch. 47.)
11140.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. )
Verify source ↗

This section defines “record” and “a person authorized by law to receive a record” for this article.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. ) ## 11140. As used in this article: (a) “Record” means the state summary criminal history information as defined in subdivision (a) of Section 11105, or a copy thereof, maintained under a person’s name by the Department of Justice. (b) “A person authorized by law to receive a record” means any person or public agency authorized by a court, statute, or decisional law to receive a record. (Amended by Stats. 1975, Ch. 1222.)
11141.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. )
Verify source ↗

Department of Justice employees must not knowingly give records or information from records to someone not legally authorized to receive them; doing so is a misdemeanor.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. ) ## 11141. Any employee of the Department of Justice who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor. (Added by Stats. 1974, Ch. 963.)
11142.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. )
Verify source ↗

A person authorized to receive a record or information may not knowingly give it to someone who is not authorized to receive it; doing so is a misdemeanor.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. ) ## 11142. Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor. (Added by Stats. 1974, Ch. 963.)
11143.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. )
Verify source ↗

A person who is not authorized to receive certain record information, and who knows that fact, must not buy, receive, or possess it; doing so is a misdemeanor.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. ) ## 11143. Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a record or information obtained from a record, knowingly buys, receives, or possesses the record or information is guilty of a misdemeanor. (Added by Stats. 1974, Ch. 963.)
11144.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. )
Verify source ↗

This section says certain disclosures of record-based information are not violations if specific conditions are met.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information [11140 - 11144] ( Heading of Article 6 amended by Stats. 1975, Ch. 1222. ) ## 11144. (a) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed. (b) It is not a violation of this article to disseminate information obtained from a record for the purpose of assisting in the apprehension of a person wanted in connection with the commission of a crime. (c) It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (Added by Stats. 1974, Ch. 963.)
11145.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
Verify source ↗

State agencies must contract with an independent vendor to do a national search of individuals’ criminal records, instead of using the prior FBI fingerprint-record check through the California Department of Justice.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11145. In lieu of a national check of fingerprint records conducted by the Federal Bureau of Investigation through the California Department of Justice, state agencies shall contract with an independent vendor to conduct a national search of the individuals’ criminal records, as provided in this chapter. (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11146.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
Verify source ↗

This chapter applies to three licensing and approval contexts: teacher credential licensing, social services licensing for certain child-care operators, and county welfare department foster care placement approvals.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11146. This chapter applies to: (a) The Commission on Teacher Credentialing, in licensing of all teaching and services credential applicants, pursuant to Section 44341 of the Education Code. (b) The State Department of Social Services in licensing those community care facility operators providing services to children as mandated in Section 1522 of the Health and Safety Code. (c) The county welfare department in carrying out its approval authority for relative and nonrelative extended family member foster care placements pursuant to Section 309 of the Welfare and Institutions Code. (Amended by Stats. 2024, Ch. 471, Sec. 28. (SB 1329) Effective January 1, 2025. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11147.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
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Agencies listed in Section 11146 must require employment or licensing applicants to provide identifying and background information, and that information must be given under penalty of perjury.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11147. In order that a thorough search may be conducted, the agencies listed in Section 11146 shall require applicants, as a condition of employment or licensing, to provide (a) their social security and drivers’ license numbers, (b) educational history, (c) three personal references, (d) a five-year employment and residence history, and, (e) if appropriate, any other names they may have been known under. This information shall be provided under penalty of perjury. (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11148.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
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Agencies listed in Section 11146 may hire vendors for background searches, but vendors must meet specified qualifications and the contract must cap the per-applicant cost at $40.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11148. The agencies listed in Section 11146 may contract with any vendor demonstrating the capability to conduct such background searches in a timely manner and with the assurance of complete confidentiality. Any such vendor shall (a) be a licensed private investigator as defined in Section 7521 of the Business and Professions Code; (b) have been in business for at least five years; (c) be able to furnish bank references; (d) provide a minimum of one million dollars ($1,000,000) in liability insurance, with the contracting agency being named as an additional insured; and (e) be able to provide services, via subcontracts if necessary, in all areas of the state. No contract shall be let unless it provides therein that the cost per applicant for a search, including administrative costs, shall not exceed forty dollars ($40). The state shall not be liable for any amount in excess of forty dollars ($40) per applicant. (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11149.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
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Applications submitted to the vendor must include the results of fingerprint checks conducted by the California Department of Justice.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11149. In order to expedite the work of the vendor, all applications submitted to the vendor shall include the results of the fingerprint checks conducted by the California Department of Justice. (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11149.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
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Vendors are exempt from Civil Code provisions that would stop them from doing the national search of individual criminal records required by this chapter.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11149.1. Vendors are exempted from any provisions of Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code which prevent the vendor from conducting the national search of individual criminal records required by this chapter. (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11149.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
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Applicants may be charged the actual cost of the required national search, including administrative costs, but the charge cannot exceed $40.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11149.2. Notwithstanding any other provision of law, applicants may be charged for the actual cost of the national search required by this statute, including administrative costs, not to exceed forty dollars ($40). (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11149.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
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A vendor or vendor’s employee who knowingly gives record information to someone not legally authorized to receive it commits a misdemeanor and may be fined up to $5,000, jailed up to one year, or both.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11149.3. Any vendor or employee of a vendor who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive the record or information shall be guilty of a misdemeanor and fined not more than five thousand dollars ($5,000), or imprisoned in a county jail for not more than one year, or both. (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
11149.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. )
Verify source ↗

A vendor or a vendor’s employee who knowingly or recklessly discloses nonpublic information obtained from confidential information can be sued for invasion of privacy.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1.5. National Search of Criminal Records [11145 - 11149.4] ( Chapter 1.5 added by Stats. 1982, Ch. 1222, Sec. 2. ) ## 11149.4. Any vendor or employee of a vendor who intentionally discloses information, not otherwise public, which that person knows or should reasonably know was obtained from confidential information, shall be subject to a civil action for invasion of privacy by the individual to whom the information pertains. In any successful action brought under this section, the complainant, in addition to any special or general damages awarded, shall be awarded a minimum of two thousand five hundred dollars ($2,500) in exemplary damages as well as attorney’s fees and other litigation costs reasonably incurred in the suit. The right, remedy, and cause of action set forth in this section shall be nonexclusive and is in addition to all other rights, remedies, and causes of action for invasion of privacy, inherent in Section 1, Article I of the California Constitution. (Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
1115.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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When an offense was committed in another county’s exclusive jurisdiction, the court must commit the defendant to await the proper county’s warrant; for a misdemeanor, the court may allow bail instead.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1115. If the offense was committed within the exclusive jurisdiction of another county of this State, the Court must direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for his arrest; or if the offense is a misdemeanor only, it may admit him to bail in an undertaking, with sufficient sureties, that he will, within such time as the Court may appoint, render himself amenable to a warrant for his arrest from the proper county; and, if not sooner arrested thereon, will attend at the office of the Sheriff of the county where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the Court may fix, to be mentioned in the undertaking; and the Clerk must forthwith transmit a certified copy of the indictment or information, and of all the papers filed in the action, to the District Attorney of the proper county, the expense of which transmission is chargeable to that county. (Amended by Code Amendments 1880, Ch. 47.)
11150.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1. Release of Persons Convicted of Arson [11150 - 11152] ( Article 1 repealed and added by Stats. 1982, Ch. 919, Sec. 3. )
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Before releasing a person convicted of arson, the Director of Corrections must send written notice to specified fire and law enforcement officials.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1. Release of Persons Convicted of Arson [11150 - 11152] ( Article 1 repealed and added by Stats. 1982, Ch. 919, Sec. 3. ) ## 11150. Prior to the release of a person convicted of arson from an institution under the jurisdiction of the Department of Corrections, the Director of Corrections shall notify in writing the State Fire Marshal and all police departments and the sheriff in the county in which the person was convicted and, if known, in the county in which he is to reside. The notice shall state the name of the person to be released, the county in which he was convicted and, if known, the county in which he will reside. (Repealed and added by Stats. 1982, Ch. 919, Sec. 3.)
11151.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1. Release of Persons Convicted of Arson [11150 - 11152] ( Article 1 repealed and added by Stats. 1982, Ch. 919, Sec. 3. )
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The Director of State Hospitals must send the Section 11150 notice within five days after a person convicted of arson is released from a State Department of State Hospitals institution.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1. Release of Persons Convicted of Arson [11150 - 11152] ( Article 1 repealed and added by Stats. 1982, Ch. 919, Sec. 3. ) ## 11151. Within five days after release of a person convicted of arson from an institution under the jurisdiction of the State Department of State Hospitals, the Director of State Hospitals shall send the notice provided in Section 11150. (Amended by Stats. 2014, Ch. 144, Sec. 48. (AB 1847) Effective January 1, 2015.)
11152.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1. Release of Persons Convicted of Arson [11150 - 11152] ( Article 1 repealed and added by Stats. 1982, Ch. 919, Sec. 3. )
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When the State Fire Marshal receives a notice under Sections 11150 or 11151, the Marshal must notify the regularly organized fire departments in the county of the conviction and, if known, the county where the person will live.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1. Release of Persons Convicted of Arson [11150 - 11152] ( Article 1 repealed and added by Stats. 1982, Ch. 919, Sec. 3. ) ## 11152. Upon receipt of a notice as provided in Section 11150 or 11151, the State Fire Marshal shall notify all regularly organized fire departments in the county in which the person was convicted and, if known, in the county in which he is to reside. (Repealed and added by Stats. 1982, Ch. 919, Sec. 3.)
11155.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. )
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The Department of Corrections and Rehabilitation must give notice about planned inmate placement in reentry or work furlough programs, and about escapes and recapture, to specified officials and victims when notice is requested.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. ) ## 11155. (a) As soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the Department of Corrections and Rehabilitation shall provide notice, if notice has been requested, to all of the following: (1) written notice to the chief of police of the city, if any, in which the inmate will reside, if known, or in which placement will be made, (2) written notice to the sheriff of the county in which the inmate will reside, if known, or in which placement will be made, and (3) notice, as provided in subdivision (d), to the victim, if any, of the crime for which the inmate was convicted or the next of kin of the victim if the crime was a homicide, if the victim or the next of kin has submitted a request for notice with the department. Information regarding victims or next of kin requesting the notice, and the notice, shall be confidential and not available to the inmate. (b) In the event of an escape of an inmate from any facility under the jurisdiction of the department, the department shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city, and the sheriff of the county, in which the inmate resided immediately prior to the inmate’s arrest and conviction, and, if previously requested, to the victim, if any, of the crime for which the inmate was convicted, or to the next of kin of the victim if the crime was a homicide. If the inmate is recaptured, the department shall send written notice thereof to the chief of police and the sheriff, and notice to the victim, or next of kin of the victim, within 30 days after regaining custody of the inmate. (c) Except as provided in subdivision (d), the department shall send the notices required by this section to the last address provided to the department by the requesting party. It is the responsibility of the requesting party to provide the department with a current address. (d) Whenever the department provides the notice required by this section to a victim, or next of kin of the victim, it shall do so by telephone, certified mail, or electronic mail, using the method of communication selected by the victim or the next of kin of the victim, if that method is available. In the event the victim’s or next of kin’s contact information provided to the department is no longer current, the department shall make a diligent, good faith effort to learn the whereabouts of the victim in order to comply with these notification requirements. (Amended by Stats. 2011, Ch. 364, Sec. 5. (SB 852) Effective September 29, 2011.)
11156.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. )
Verify source ↗

The notice under Section 11155 must include a glossy photo and fingerprints of each inmate in the reentry or work furlough program.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. ) ## 11156. The notice sent to the chief of police and county sheriff pursuant to Section 11155 shall include an actual glossy photograph no smaller than 31/8 x 31/8 inches in size, in conjunction with the Department of Justice, fingerprints of each inmate in the reentry or work furlough program. (Amended by Stats. 1986, Ch. 600, Sec. 5.)
11157.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. )
Verify source ↗

Victims may be notified, through a paragraph on subpoena forms, that they can receive the notices provided by this article.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. ) ## 11157. The victims may be notified of the opportunity to receive the notices provided by this article by means of adding a paragraph to the information contained on subpoena forms which are used in subpoenaing victims as material witnesses to any court proceedings resulting from the perpetration of the crime in which the victim was involved. (Added by Stats. 1982, Ch. 1048, Sec. 1.)
11158.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. )
Verify source ↗

This article defines “victim” as a person who is alleged or found on the record to have suffered physical or financial injury to person or property directly from the charged crime.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 1.5. Reports of Disposition of Inmates [11155 - 11158] ( Article 1.5 added by Stats. 1982, Ch. 1048, Sec. 1. ) ## 11158. As used in this article, “victim” means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a direct result of the crime charged. (Added by Stats. 1982, Ch. 1048, Sec. 1.)
1116.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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If the defendant was not arrested on a warrant from the proper county, he must be released or otherwise restored to the prior position, including refund of deposited money and discharge of sureties. If he is arrested, the same procedure applies as for a defendant arrested in another county on a magistrate’s warrant.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1116. If the defendant is not arrested on a warrant from the proper county, as provided in section 1115, he must be discharged from custody, or his bail in the action is exonerated, or money deposited instead of bail must be refunded to him or to the person or persons found by the court to have deposited said money on behalf of said defendant, as the case may be, and the sureties in the undertaking, as mentioned in that section, must be discharged. If he is arrested, the same proceedings must be had thereon as upon the arrest of a defendant in another county on a warrant of arrest issued by a magistrate. (Amended by Stats. 1935, Ch. 657.)
11160.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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Certain health practitioners must report specified injuries or assaultive or abusive conduct to local law enforcement immediately, with a written report due within two working days.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physician’s office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioner’s professional capacity or within the scope of the health practitioner’s employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b): (1) A person suffering from a wound or other physical injury inflicted by the person’s own act or inflicted by another where the injury is by means of a firearm. (2) A person suffering from a wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct. (b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physician’s office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows: (1) A report by telephone shall be made immediately or as soon as practically possible. (2) A written report shall be prepared on the standard form developed in compliance with paragraph (4), and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person. (3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy. (4) The report shall include, but shall not be limited to, the following: (A) The name of the injured person, if known. (B) The injured person’s whereabouts. (C) The character and extent of the person’s injuries. (D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person. (c) For the purposes of this section, “injury” does not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug. (d) For the purposes of this section, “assaultive or abusive conduct” includes any of the following offenses: (1) Murder, in violation of Section 187. (2) Manslaughter, in violation of Section 192 or 192.5. (3) Mayhem, in violation of Section 203. (4) Aggravated mayhem, in violation of Section 205. (5) Torture, in violation of Section 206. (6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220. (7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222. (8) Battery, in violation of Section 242. (9) Sexual battery, in violation of Section 243.4. (10) Incest, in violation of Section 285. (11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244. (12) Assault with a stun gun or taser, in violation of Section 244.5. (13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245. (14) Rape, in violation of Section 261 or former Section 262. (15) Procuring a person to have sex with another person, in violation of Section 266, 266a, 266b, or 266c. (16) Child abuse or endangerment, in violation of Section 273a or 273d. (17) Abuse of spouse or cohabitant, in violation of Section 273.5. (18) Sodomy, in violation of Section 286. (19) Lewd and lascivious acts with a child, in violation of Section 288. (20) Oral copulation, in violation of Section 287 or former Section 288a. (21) Sexual penetration, in violation of Section 289. (22) Elder abuse, in violation of Section 368. (23) An attempt to commit any crime specified in paragraphs (1) to (22), inclusive. (e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (f) The reporting duties under this section are individual, except as provided in subdivision (e). (g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require an employee required to make a report under this article to disclose the employee’s identity to the employer. (h) For the purposes of this section, it is the Legislature’s intent to avoid duplication of information. (i) For purposes of this section only, “employed by a local government agency” includes an employee of an entity under contract with a local government agency to provide medical services. (Amended by Stats. 2021, Ch. 626, Sec. 63. (AB 1171) Effective January 1, 2022.)
11160.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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Certain health practitioners must prepare and promptly send a written report after a forensic medical examination in specified sexual-assault investigations.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11160.1. (a) Any health practitioner employed in any health facility, clinic, physician’s office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, performs a forensic medical examination on any person in the custody of law enforcement from whom evidence is sought in connection with the commission or investigation of a crime of sexual assault, as described in subdivision (d) of Section 11160, shall prepare a written report. The report shall be on a standard form developed by, or at the direction of, the Office of Emergency Services, and shall be immediately provided to the law enforcement agency who has custody of the individual examined. (b) The examination and report is subject to the confidentiality requirements of the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code), the physician-patient privilege pursuant to Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, and the privilege of official information pursuant to Article 9 (commencing with Section 1040) of Chapter 4 of Division 8 of the Evidence Code. (c) The report shall be released upon request, oral or written, to any person or agency involved in any related investigation or prosecution of a criminal case, including, but not limited to, a law enforcement officer, district attorney, city attorney, crime laboratory, county licensing agency, or coroner. The report may be released to defense counsel or another third party only through discovery of documents in the possession of a prosecuting agency or following the issuance of a lawful court order authorizing the release of the report. (d) A health practitioner who makes a report in accordance with this section shall not incur civil or criminal liability. No person, agency, or their designee required or authorized to report pursuant to this section who takes photographs of a person suspected of being a person subject to a forensic medical examination as described in this section shall incur any civil or criminal liability for taking the photographs, causing the photographs to be taken, or disseminating the photographs to a law enforcement officer, district attorney, city attorney, crime laboratory, county licensing agency, or coroner with the reports required in accordance with this section. However, this subdivision shall not be deemed to grant immunity from civil or criminal liability with respect to any other use of the photographs. (e) Section 11162 does not apply to this section. (f) With the exception of any health practitioner who has entered into a contractual agreement to perform forensic medical examinations, no health practitioner shall be required to perform a forensic medical examination as part of his or her duties as a health practitioner. (Amended by Stats. 2013, Ch. 352, Sec. 419. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
11161.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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Physicians or surgeons covered by the section must file a report with a local law enforcement agency.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11161. Notwithstanding Section 11160, the following shall apply to every physician or surgeon who has under his or her charge or care any person described in subdivision (a) of Section 11160: (a) The physician or surgeon shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency. (b) It is recommended that any medical records of a person about whom the physician or surgeon is required to report pursuant to subdivision (a) include the following: (1) Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound, other physical injury, or assaultive or abusive conduct upon the person. (2) A map of the injured person’s body showing and identifying injuries and bruises at the time of the health care. (3) A copy of the law enforcement reporting form. (c) It is recommended that the physician or surgeon refer the person to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700. (Repealed and added by Stats. 1993, Ch. 992, Sec. 5. Effective January 1, 1994.)
11161.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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This section requires state and local agencies and medical facilities to create and manage medical forensic exam forms, reporting procedures, confidentiality systems, and reimbursement processes for domestic violence and elder abuse examinations.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11161.2. (a) The Legislature finds and declares that adequate protection of victims of domestic violence and elder and dependent adult abuse has been hampered by lack of consistent and comprehensive medical examinations. Medical evidentiary examinations, offered to victims free of charge, and enhanced examination procedures, documentation, and evidence collection will improve patient outcomes, investigation, and prosecution efforts. (b) The Office of Emergency Services shall, in cooperation with the State Department of Public Health, the Department of Aging and the ombudsman program, the State Department of Social Services, law enforcement agencies, the Department of Justice, the California Association of Crime Lab Directors, the California District Attorneys Association, the California State Sheriffs’ Association, the California Medical Association, the California Police Chiefs’ Association, domestic violence advocates, the California Clinical Forensic Medical Training Center, the California Sexual Assault Forensic Examiner Association, Adult Protective Services, and other appropriate experts: (1) Establish medical forensic forms, instructions, and examination protocol for victims of domestic violence and elder and dependent adult abuse and neglect, including strangulation, using as a model the form and guidelines developed pursuant to Section 13823.5. The form should include, but not be limited to, a place for a notation concerning each of the following: (A) Notification of injuries and a report of suspected domestic violence or elder or dependent adult abuse and neglect to law enforcement authorities, Adult Protective Services, or the State Long-Term Care Ombudsmen, in accordance with existing reporting procedures. (B) Obtaining consent for the forensic medical examination, treatment of injuries, collection of evidence, and written and photographic documentation of injuries. A victim shall be informed that they may refuse to consent to and may withdraw consent for an examination for evidence of domestic violence and elder and dependent adult abuse and neglect, including the collection of physical evidence, but that refusal is not a ground for denial of treatment of injuries and disease, if the person wishes to obtain treatment and consents thereto. (C) Taking a patient’s history of domestic violence or elder or dependent adult abuse and neglect, including any current or past strangulation history, and other relevant medical history. (D) Performance of the physical examination for evidence of domestic violence or elder or dependent adult abuse and neglect. (E) Collection of physical evidence of domestic violence or elder or dependent adult abuse. (F) Collection of other medical and forensic specimens, as indicated. (G) Procedures for the collection and preservation of evidence, and submission to a local crime laboratory when appropriate. (H) Complete documentation of medical forensic exam findings. (I) When strangulation is suspected, documentation may be included on a supplemental strangulation form as part of the medical evidentiary exam. (2) The forms shall be made accessible for use in an electronic format. (3) The forms shall become part of the patient’s medical record. (c) When strangulation is suspected, additional diagnostic testing may be necessary to prevent adverse health outcomes or morbidity. (d) Victims receiving forensic medical exams for domestic violence have the right to a qualified social worker, victim advocate, or a support person of the victim’s choosing to be present during the examination, when available. (e) (1) A hospital, clinic, or other emergency medical facility where medical evidentiary examinations are conducted shall develop and implement written policies and procedures for maintaining the confidentiality of medical evidentiary examination reports, including proper preservation and disposition of the reports if the examination program ceases operation, in order to prevent destruction of the medical evidentiary examination reports. (2) On or before July 1, 2023, a hospital, clinic, or other emergency medical facility at which medical evidentiary examinations are conducted shall implement a system to maintain medical evidentiary examination reports in a manner that facilitates release of the reports as required or authorized by law. (3) This subdivision does not require a hospital, clinic, or other emergency medical facility to review a patient’s medical records before January 1, 2023, in order to separate medical evidentiary examination reports from the rest of the patient’s medical records. (f) The costs associated with the medical evidentiary examination of a domestic violence victim shall be separate from diagnostic treatment and procedure costs associated with medical treatment. Costs for the medical evidentiary portion of the examination shall not be charged directly or indirectly to the victim of the assault. (g) Each county’s board of supervisors shall authorize a designee to approve the Sexual Assault Response Teams (SART), Sexual Assault Forensic Examiner (SAFE) teams, or other qualified medical evidentiary examiners to receive reimbursement through the Office of Emergency Services (Cal OES) for the performance of medical evidentiary examinations for victims of domestic violence and shall notify Cal OES of this designation. The costs associated with these medical evidentiary exams shall be funded by the state, subject to appropriation by the Legislature. Each county’s designated SART, SAFE, or other qualified medical evidentiary examiners shall submit invoices to Cal OES, who shall administer the program. A flat reimbursement rate shall be established. Within one year upon initial appropriation, Cal OES shall establish a 60-day reimbursement process. Cal OES shall assess and determine a fair and reasonable reimbursement rate to be reviewed every five years. (h) Reimbursement shall not be subject to reduced reimbursement rates based on patient history or other reasons. Victims of domestic violence may receive a medical evidentiary exam outside of the jurisdiction where the crime occurred and that county’s approved SART, SAFE teams, or qualified medical evidentiary examiners shall be reimbursed for the performance of these exams. (Amended by Stats. 2022, Ch. 557, Sec. 1. (AB 2185) Effective January 1, 2023.)
11161.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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The California District Attorneys Association must work with listed interested parties to develop investigation protocols by January 1, 2006.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11161.5. (a) It is the intent of the Legislature that on or before January 1, 2006, the California District Attorneys Association, in conjunction with interested parties, including, but not limited to, the Department of Justice, the California Narcotic Officers’ Association, the California Police Chiefs’ Association, the California State Sheriffs’ Association, the California Medical Association, the American Pain Society, the American Academy of Pain Medicine, the California Society of Anesthesiologists, the California Chapter of the American College of Emergency Physicians, the California Medical Board, the California Orthopedic Association, and other medical and patient advocacy entities specializing in pain control therapies, shall develop protocols for the development and implementation of interagency investigations in connection with a physician’s prescription of medication to patients. The protocols are intended to assure the competent review of, and that relevant investigation procedures are followed for, the suspected undertreatment, undermedication, overtreatment, and overmedication of pain cases. Consideration shall be made for the special circumstances of urban and rural communities. The investigation protocol shall be designed to facilitate communication between the medical and law enforcement communities and the timely return of medical records pertaining to the identity, diagnosis, prognosis, or treatment of any patient that are seized by law enforcement from a physician who is suspected of engaging in or having engaged in criminal activity related to the documents. (b) The costs incurred by the California District Attorneys Association in implementing this section shall be solicited and funded from nongovernmental entities. (Added by Stats. 2004, Ch. 864, Sec. 2. Effective January 1, 2005.)
11161.8.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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Hospitals and certain hospital staff must report suspected neglect or abuse injuries for transferred patients within 36 hours to local police and the county health department; some hospital employees may also report, and reporters are protected from retaliation and liability.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11161.8. Every person, firm, or corporation conducting any hospital in the state, or the managing agent thereof, or the person managing or in charge of such hospital, or in charge of any ward or part of such hospital, who receives a patient transferred from a health facility, as defined in Section 1250 of the Health and Safety Code or from a community care facility, as defined in Section 1502 of the Health and Safety Code, who exhibits a physical injury or condition which, in the opinion of the admitting physician, reasonably appears to be the result of neglect or abuse, shall report such fact by telephone and in writing, within 36 hours, to both the local police authority having jurisdiction and the county health department. Any registered nurse, licensed vocational nurse, or licensed clinical social worker employed at such hospital may also make a report under this section, if, in the opinion of such person, a patient exhibits a physical injury or condition which reasonably appears to be the result of neglect or abuse. Every physician and surgeon who has under his charge or care any such patient who exhibits a physical injury or condition which reasonably appears to be the result of neglect or abuse shall make such report. The report shall state the character and extent of the physical injury or condition. No employee shall be discharged, suspended, disciplined, or harassed for making a report pursuant to this section. No person shall incur any civil or criminal liability as a result of making any report authorized by this section. (Amended by Stats. 1979, Ch. 1019.)
11161.9.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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Health practitioners and other reporters get immunity for certain reporting-related acts under this section.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11161.9. (a) A health practitioner who makes a report in accordance with this article shall not incur civil or criminal liability as a result of any report required or authorized by this article. (b) (1) No person required or authorized to report pursuant to this article, or designated by a person required or authorized to report pursuant to this article, who takes photographs of a person suspected of being a person described in this article about whom a report is required or authorized shall incur any civil or criminal liability for taking the photographs, causing the photographs to be taken, or disseminating the photographs to local law enforcement with the reports required by this article in accordance with this article. However, this subdivision shall not be deemed to grant immunity from civil or criminal liability with respect to any other use of the photographs. (2) A court may award attorney’s fees to a commercial film and photographic print processor when a suit is brought against the processor because of a disclosure mandated by this article and the court finds that the suit is frivolous. (c) A health practitioner who, pursuant to a request from an adult protective services agency or a local law enforcement agency, provides the requesting agency with access to the victim of a known or suspected instance of abuse shall not incur civil or criminal liability as a result of providing that access. (d) No employee shall be discharged, suspended, disciplined, or harassed for making a report pursuant to this section. (e) This section does not apply to mandated reporting of child abuse, as provided for in Article 2.5 (commencing with Section 11164). (Added by Stats. 1993, Ch. 992, Sec. 6. Effective January 1, 1994.)
11162.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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A violation of this article is a misdemeanor and can be punished by jail, a fine, or both.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11162. A violation of this article is 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. (Amended by Stats. 1993, Ch. 992, Sec. 7. Effective January 1, 1994.)
11162.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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This section defines terms used in the article.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11162.5. As used in this article, the following definitions shall apply: (a) “Health practitioner” has the same meaning as provided in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7. (b) “Clinic” is limited to include any clinic specified in Sections 1204 and 1204.3 of the Health and Safety Code. (c) “Health facility” has the same meaning as provided in Section 1250 of the Health and Safety Code. (d) “Reasonably suspects” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect. (Amended by Stats. 2006, Ch. 701, Sec. 1. Effective January 1, 2007.)
11162.7.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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This section says Article 2 does not apply when a report must be made under the Child Abuse and Neglect Reporting Act or Chapter 11 of the Welfare and Institutions Code.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11162.7. This article shall not apply when a report is required to be made pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164)), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1993, Ch. 992, Sec. 9. Effective January 1, 1994.)
11163.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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A health practitioner may claim reasonable attorney’s fees from the Department of General Services for certain reporting-related lawsuits, and the Department must allow the claim if the stated conditions are met.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11163. (a) The Legislature finds and declares that even though the Legislature has provided for immunity from liability, pursuant to Section 11161.9, for persons required or authorized to report pursuant to this article, that immunity does not eliminate the possibility that actions may be brought against those persons based upon required reports of abuse pursuant to other laws. In order to further limit the financial hardship that those persons may incur as a result of fulfilling their legal responsibility, it is necessary that they not be unfairly burdened by legal fees incurred in defending those actions. (b) (1) Therefore, a health practitioner may present a claim to the Department of General Services for reasonable attorney’s fees incurred in any action against that person on the basis of that person reporting in accordance with this article if the court dismisses the action upon a demurrer or motion for summary judgment made by that person or if that person prevails in the action. (2) The Department of General Services shall allow the claim pursuant to paragraph (1) if the requirements of paragraph (1) are met, and the claim shall be paid from an appropriation to be made for that purpose. Attorney’s fees awarded pursuant to this section shall not exceed an hourly rate greater than the rate charged by the Attorney General at the time the award is made and shall not exceed an aggregate amount of fifty thousand dollars ($50,000). (3) This subdivision shall not apply if a public entity has provided for the defense of the action pursuant to Section 995 of the Government Code. (Amended by Stats. 2016, Ch. 31, Sec. 256. (SB 836) Effective June 27, 2016.)
11163.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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Reports required by this article are confidential, with limited disclosure allowed only to specified investigators or criminal-law enforcers; the Board of Prison Terms may subpoena certain reports.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11163.2. (a) In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist privilege applies to the information required to be reported pursuant to this article. (b) The reports required by this article shall be kept confidential by the health facility, clinic, or physician’s office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound, other injury, or assaultive or abusive conduct upon the injured person or his or her attorney be allowed access to the injured person’s whereabouts. (c) For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174. (d) The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee. (Added by Stats. 1993, Ch. 992, Sec. 11. Effective January 1, 1994.)
11163.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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A county may create a domestic violence death review team, and the team’s communications are generally confidential.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11163.3. (a) A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. Interagency domestic violence death review teams have been used successfully to ensure that incidents of domestic violence and abuse are recognized and that agency involvement is reviewed to develop recommendations for policies and protocols for community prevention and intervention initiatives to reduce and eradicate the incidence of domestic violence. (b) (1) For purposes of this section, “abuse” has the meaning set forth in Section 6203 of the Family Code and “domestic violence” has the meaning set forth in Section 6211 of the Family Code. (2) For purposes of this section, “near death” means the victim suffered a life-threatening injury, as determined by a licensed physician or licensed nurse, as a result of domestic violence. (c) A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death. (d) County domestic violence death review teams shall be comprised of, but not limited to, the following: (1) Experts in the field of forensic pathology. (2) Medical personnel with expertise in domestic violence abuse. (3) Coroners and medical examiners. (4) Criminologists. (5) District attorneys and city attorneys. (6) Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code. (7) Law enforcement personnel. (8) Representatives of local agencies that are involved with domestic violence abuse reporting. (9) County health department staff who deal with domestic violence victims’ health issues. (10) Representatives of local child abuse agencies. (11) Local professional associations of persons described in paragraphs (1) to (10), inclusive. (e) An oral or written communication or a document shared within or produced by a domestic violence death review team related to a domestic violence death review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic violence death review team, or between a third party and a domestic violence death review team, is confidential and not subject to disclosure or discoverable by a third party. This includes a statement provided by a survivor in a near-death case review. Notwithstanding the foregoing, recommendations of a domestic violence death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the domestic violence death review team. (f) Each organization represented on a domestic violence death review team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. This provision shall permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other statute. (g) Written and oral information may be disclosed to a domestic violence death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team. (1) An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information. (2) The following information may be disclosed pursuant to this subdivision: (A) Notwithstanding Section 56.10 of the Civil Code, medical information. (B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information. (C) Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed. (D) Notwithstanding Section 11167.5 of the Penal Code, information from child abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed. (E) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300 of the Penal Code. (F) Notwithstanding Section 11163.2 of the Penal Code, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct, and information relating to whether a physician referred the person to local domestic violence services as recommended by Section 11161 of the Penal Code. (G) Notwithstanding Section 827 of the Welfare and Institutions Code, information in any juvenile court proceeding. (H) Information maintained by the Family Court, including information relating to the Family Conciliation Court Law pursuant to Section 1818 of the Family Code, and Mediation of Custody and Visitation Issues pursuant to Section 3177 of the Family Code. (I) Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10 of the Penal Code, as well as the information on which these reports are based. (J) Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law. (3) The disclosure of written and oral information authorized under this subdivision shall apply notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, or the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and the human trafficking caseworker-victim privilege protected by Article 8.8 (commencing with Section 1038) of Chapter 4 of Division 8 of the Evidence Code. (4) In near-death cases, representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individual’s informed consent in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. In death review cases, representatives of domestic violence victim service organizations shall only provide client-specific information in accordance with both state and federal confidentiality requirements. (5) Near-death case reviews shall only occur after any prosecution has concluded. (6) Near-death survivors shall not be compelled to participate in death review team investigations; their participation is voluntary. In cases of death, the victim’s family members may be invited to participate, however they shall not be compelled to do so; their participation is voluntary. Members of the death review teams shall be prepared to provide referrals for services to address the unmet needs of survivors and their families when appropriate. (Amended by Stats. 2022, Ch. 986, Sec. 1. (SB 863) Effective January 1, 2023.)
11163.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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The Attorney General must, with the state domestic violence coalition and subject to available funding, develop a protocol for county interagency domestic violence death review teams by January 1, 2025.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11163.4. Subject to available funding, the Attorney General, working with the state domestic violence coalition, shall develop, no later than January 1, 2025, a protocol for the development and implementation of interagency domestic violence death review teams for use by counties, which shall include relevant procedures for both urban and rural counties. The protocol shall be designed to facilitate communication among persons who perform autopsies and the various persons and agencies involved in domestic violence cases so that incidents of domestic violence, near deaths related to domestic violence, and deaths related to domestic violence are recognized and surviving nonoffending family and household members and domestic partners receive the appropriate services. (Amended by Stats. 2022, Ch. 986, Sec. 2. (SB 863) Effective January 1, 2023.)
11163.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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The Department of Justice may coordinate domestic violence death-review work, including reports, databases, and a directory, and participating agencies or organizations must participate without state reimbursement.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11163.5. (a) The purpose of this section is to coordinate and integrate state and local efforts to address fatal domestic violence, and to create a body of information to prevent domestic violence deaths. (b) (1) The Department of Justice is hereby authorized to carry out the purpose of this section with the cooperation of the State Department of Social Services, the State Department of Public Health, the California State Coroner’s Association, the County Welfare Directors Association, and the state domestic violence coalition. (2) The Department of Justice, after consulting with the agencies and organizations specified in paragraph (1), may consult with other representatives of other agencies and private organizations to accomplish the purpose of this section. (c) To accomplish the purpose of this section, the Department of Justice and agencies and organizations involved may engage in the following activities: (1) Collect, analyze, and interpret state and local data on domestic violence death and near death in an annual report to be available upon request. The report may contain, but need not be limited to, information provided by state agencies and the county domestic violence death review teams for the preceding year. (2) Develop a state and local database on domestic violence deaths. (A) The state data may include the Department of Justice statistics, the State Department of Public Health Vital Records, and information obtained by other relevant state agencies. (B) The Department of Justice, in consultation with the agencies and organizations specified in paragraph (1) of subdivision (b), may develop a model minimal local data set and request data from local teams for inclusion in the annual report. (3) Distribute a copy of the report to public officials in the state who deal with domestic violence issues and to those agencies responsible for domestic violence death review investigation in each county. (d) The Department of Justice may direct the creation of a statewide domestic violence death review team directory, which shall contain the names of the members of the agencies and private organizations participating under this section, the members of local domestic violence death review teams, and the local liaisons to those teams. The department may maintain and update the directory annually. (e) The agencies or private organizations participating under this section shall participate without reimbursement from the state. Costs incurred by participants for travel or per diem shall be borne by the participant agency or organization. Any reports prepared by the Department of Justice pursuant to this section shall be in consultation with the state domestic violence coalition. (Amended by Stats. 2023, Ch. 131, Sec. 163. (AB 1754) Effective January 1, 2024.)
11163.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. )
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Domestic violence death review teams may collect and summarize county data about domestic violence deaths or near deaths that fit the listed circumstances.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2. Reports of Injuries [11160 - 11163.6] ( Heading of Article 2 amended by Stats. 1993, Ch. 992, Sec. 1. ) ## 11163.6. In order to ensure consistent and uniform results, data may be collected and summarized by the domestic violence death review teams to show the statistical occurrence of domestic violence deaths or near deaths in the team’s county that occur under the following circumstances: (a) The deceased was a victim of a homicide committed by a current or former spouse, fiance, or dating partner. (b) The deceased was the victim of a suicide, was the current or former spouse, fiance, or dating partner of the perpetrator and was also the victim of previous acts of domestic violence. (c) The deceased was the perpetrator of the homicide of a former or current spouse, fiance, or dating partner and the perpetrator was also the victim of a suicide. (d) The deceased was the perpetrator of the homicide of a former or current spouse, fiance, or dating partner and the perpetrator was also the victim of a homicide related to the domestic homicide incident. (e) The deceased was a child of either the homicide victim or the perpetrator, or both. (f) The deceased was a current or former spouse, fiance, or dating partner of the current or former spouse, fiance, or dating partner of the perpetrator. (g) The deceased was a law enforcement officer, emergency medical personnel, or other agency responding to a domestic violence incident. (h) The deceased was a family member, other than identified above, of the perpetrator. (i) The deceased was the perpetrator of the homicide of a family member, other than identified above. (j) The deceased had a disability and the homicide was related to domestic violence. (k) The deceased was a person not included in the above categories and the homicide was related to domestic violence. (l) The victim suffered a substantial risk of serious bodily injury or death from domestic violence. (m) The circumstances of the domestic violence event indicate the perpetrator more likely than not intended to kill or seriously injure the victim. (Amended by Stats. 2022, Ch. 986, Sec. 4. (SB 863) Effective January 1, 2023.)
11163.70.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. )
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For this article, “homeless” means the same as in Welfare and Institutions Code section 16523(d), unless the context requires otherwise.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. ) ## 11163.70. For purposes of this article, unless the context requires otherwise, “homeless” has the same meaning as in subdivision (d) of Section 16523 of the Welfare and Institutions Code. (Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
11163.71.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. )
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A county may create a homeless death review committee, and if it does, it may also develop a protocol for autopsy guidelines.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. ) ## 11163.71. (a) A county may establish a homeless death review committee to assist local agencies in identifying the root causes of death of homeless individuals and facilitating communication among persons who perform autopsies and the various persons and agencies involved in supporting the homeless population. (b) A county that establishes a homeless death review committee pursuant to subdivision (a) may develop a protocol to be used as guidelines by persons performing autopsies on homeless individuals to assist coroners and other persons who perform autopsies in the identification of the cause and mode of death of the individual. (Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
11163.72.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. )
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Communications and documents shared within or produced by a homeless death review committee are confidential and generally cannot be disclosed or discovered by third parties. The committee may disclose its recommendations after completing a review if a majority of members agree.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. ) ## 11163.72. (a) An oral or written communication or a document shared within or produced by a homeless death review committee related to a homeless death review is confidential and not subject to disclosure or discoverable by another third party. (b) An oral or written communication or a document provided by a third party to a homeless death review committee, or between a third party and a homeless death review committee, is confidential and not subject to disclosure or discoverable by a third party. (c) Notwithstanding subdivisions (a) and (b), recommendations of a homeless death review committee upon the completion of a review may be disclosed at the discretion of a majority of the members of the homeless death review committee. (Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
11163.73.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. )
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Certain information may be shared with a homeless death review committee, and some participating organizations may share confidential information with other committee members.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. ) ## 11163.73. (a) An organization represented on the homeless death review committee may share with other members of the committee information in its possession concerning the decedent who is the subject of the review or any person who was in contact with the decedent and any other information deemed by the organization to be pertinent to the review. Information shared by an organization with other members of a team is confidential. The intent of this subdivision is to permit the disclosure to members of the committee of any information deemed confidential, privileged, or prohibited from disclosure by any other law. (b) (1) Written and oral information may be disclosed to a homeless death review committee established pursuant to this article. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (3) may rely on the request in determining whether information may be disclosed to the team. (2) An individual or agency that has information governed by this article shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information. (3) The following information may be disclosed pursuant to this article: (A) Notwithstanding Section 56.10 of the Civil Code, medical information. (B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information. (C) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300. (D) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct. (E) Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10, as well as the information on which these reports are based. (F) Notwithstanding Section 10850 of the Welfare and Institutions Code, public social services information for which grants-in-aid are received by this state from the United States government. (G) Notwithstanding Section 14100.2 of the Welfare and Institutions Code, Medi-Cal information. (H) Notwithstanding Section 17006 of the Welfare and Institutions Code, general relief information. (I) Notwithstanding Sections 15633 and 15633.5 of the Welfare and Institutions Code, reports of suspected elder or dependent adult abuse and the information contained therein, and information relevant to the incident of abuse, except the identity of persons who have made reports, which shall not be disclosed. (c) Written and oral information may be disclosed under this section notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, and the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code. (Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
11163.74.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. )
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The county must use information and recommendations from the homeless death review committee to develop education and prevention strategies.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.4. Homeless Death Review Committees [11163.70 - 11163.74] ( Article 2.4 added by Stats. 2023, Ch. 135, Sec. 1. ) ## 11163.74. Information gathered by the homeless death review committee and any recommendations made by the committee shall be used by the county to develop education and prevention strategies that will lead to improved coordination of services for the homeless population. (Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)
11164.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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People involved in an investigation of suspected child abuse or neglect must consider the child victim’s needs and take whatever steps are necessary to prevent psychological harm.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11164. (a) This article shall be known and may be cited as the Child Abuse and Neglect Reporting Act. (b) The intent and purpose of this article is to protect children from abuse and neglect. In any investigation of suspected child abuse or neglect, all persons participating in the investigation of the case shall consider the needs of the child victim and shall do whatever is necessary to prevent psychological harm to the child victim. (Amended by Stats. 2000, Ch. 916, Sec. 1. Effective January 1, 2001.)
11165.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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In this article, “child” means a person under 18.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165. As used in this article “child” means a person under the age of 18 years. (Repealed and added by Stats. 1987, Ch. 1459, Sec. 2.)
11165.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines “sexual abuse” for the article by describing what counts as “sexual assault,” “sexual exploitation,” and “commercial sexual exploitation,” and by listing specific exclusions and exceptions.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.1. As used in this article, “sexual abuse” means sexual assault or sexual exploitation as defined by the following: (a) “Sexual assault” means conduct in violation of one or more of the following sections: Section 261 (rape), subdivision (d) of Section 261.5 (statutory rape), Section 264.1 (rape in concert), Section 285 (incest), Section 286 (sodomy), Section 287 or former Section 288a (oral copulation), subdivision (a) or (b) of, or paragraph (1) of subdivision (c) of, Section 288 (lewd or lascivious acts upon a child), Section 289 (sexual penetration), or Section 647.6 (child molestation). “Sexual assault” for the purposes of this article does not include voluntary conduct in violation of Section 286, 287, or 289, or former Section 288a, if there are no indicators of abuse, unless the conduct is between a person 21 years of age or older and a minor who is under 16 years of age. (b) Conduct described as “sexual assault” includes, but is not limited to, all of the following: (1) Penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. (2) Sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. (3) Intrusion by one person into the genitals or anal opening of another person, including the use of an object for this purpose, except that, it does not include acts performed for a valid medical purpose. (4) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of a child, or of the perpetrator by a child, for purposes of sexual arousal or gratification, except that it does not include acts which may reasonably be construed to be normal caretaker responsibilities; interactions with, or demonstrations of affection for, the child; or acts performed for a valid medical purpose. (5) The intentional masturbation of the perpetrator’s genitals in the presence of a child. (c) “Sexual exploitation” refers to any of the following: (1) Conduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts). (2) A person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for a child’s welfare, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction, involving obscene sexual conduct. For the purpose of this section, “person responsible for a child’s welfare” means a parent, guardian, foster parent, or a licensed administrator or employee of a public or private residential home, residential school, or other residential institution. (3) A person who depicts a child in, or who knowingly develops, duplicates, prints, downloads, streams, accesses through any electronic or digital media, or exchanges, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3. (d) “Commercial sexual exploitation” refers to either of the following: (1) The sexual trafficking of a child, as described in subdivision (c) of Section 236.1. (2) The provision of food, shelter, or payment to a child in exchange for the performance of any sexual act described in this section or subdivision (c) of Section 236.1. (Amended by Stats. 2020, Ch. 180, Sec. 1. (AB 1145) Effective January 1, 2021.)
11165.11.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines “licensing agency” for this article.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.11. As used in this article, “licensing agency” means the State Department of Social Services office responsible for the licensing and enforcement of the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), the California Child Day Care Act (Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code), and Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code), or the county licensing agency which has contracted with the state for performance of those duties. (Added by Stats. 1987, Ch. 1459, Sec. 18.)
11165.12.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines three report categories: unfounded, substantiated, and inconclusive.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.12. As used in this article, the following definitions shall control: (a) “Unfounded report” means a report that is determined by the investigator who conducted the investigation to be false, to be inherently improbable, to involve an accidental injury, or not to constitute child abuse or neglect, as defined in Section 11165.6. (b) “Substantiated report” means a report that is determined by the investigator who conducted the investigation to constitute child abuse or neglect, as defined in Section 11165.6, based upon evidence that makes it more likely than not that child abuse or neglect, as defined, occurred. A substantiated report shall not include a report where the investigator who conducted the investigation found the report to be false, inherently improbable, to involve an accidental injury, or to not constitute child abuse or neglect as defined in Section 11165.6. (c) “Inconclusive report” means a report that is determined by the investigator who conducted the investigation not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect, as defined in Section 11165.6, has occurred. (Amended by Stats. 2011, Ch. 468, Sec. 1. (AB 717) Effective January 1, 2012.)
11165.13.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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A positive toxicology screen at birth is not, by itself, enough to report child abuse or neglect.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.13. For purposes of this article, a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect. However, any indication of maternal substance abuse shall lead to an assessment of the needs of the mother and child pursuant to Section 123605 of the Health and Safety Code. If other factors are present that indicate risk to a child, then a report shall be made. However, a report based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parent’s substance abuse shall be made only to a county welfare or probation department, and not to a law enforcement agency. (Amended by Stats. 2000, Ch. 916, Sec. 11. Effective January 1, 2001.)
11165.14.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Local law enforcement must investigate certain child abuse complaints about school-related conduct and send substantiated reports to the appropriate school governing board.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.14. The appropriate local law enforcement agency shall investigate a child abuse complaint filed by a parent or guardian of a pupil with a school or an agency specified in Section 11165.9 against a school employee or other person that commits an act of child abuse, as defined in this article, against a pupil at a schoolsite and shall transmit a substantiated report, as defined in Section 11165.12, of that investigation to the governing board of the appropriate school district or county office of education. A substantiated report received by a governing board of a school district or county office of education shall be subject to the provisions of Section 44031 of the Education Code. (Amended by Stats. 2000, Ch. 916, Sec. 12. Effective January 1, 2001.)
11165.15.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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A child’s homelessness alone is not enough to justify reporting abuse or neglect, but a mandated reporter may still make a report if they know of or observe an unaccompanied minor they suspect is abused or neglected.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.15. For the purposes of this article, the fact that a child is homeless or is classified as an unaccompanied youth, as defined in Section 11434a of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), is not, in and of itself, a sufficient basis for reporting child abuse or neglect. This section shall not limit a mandated reporter, as defined in Section 11165.7, from making a report pursuant to Section 11166 whenever the mandated reporter has knowledge of or observes an unaccompanied minor whom the mandated reporter knows or reasonably suspects to be the victim of abuse or neglect. (Amended by Stats. 2014, Ch. 71, Sec. 132. (SB 1304) Effective January 1, 2015.)
11165.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines “neglect,” “severe neglect,” and “general neglect” for this article.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.2. As used in this article, “neglect” means the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare. The term includes both acts and omissions on the part of the responsible person. (a) “Severe neglect” means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. “Severe neglect” also means those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care. (b) “General neglect” means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. “General neglect” does not include a parent’s economic disadvantage. For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect. (Amended by Stats. 2022, Ch. 770, Sec. 1. (AB 2085) Effective January 1, 2023.)
11165.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines “the willful harming or injuring of a child or the endangering of the person or health of a child.”

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.3. As used in this article, “the willful harming or injuring of a child or the endangering of the person or health of a child,” means a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered. (Amended by Stats. 2004, Ch. 842, Sec. 1. Effective January 1, 2005.)
11165.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines “unlawful corporal punishment or injury” and lists several exclusions.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.4. As used in this article, “unlawful corporal punishment or injury” means a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. It does not include an amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to person or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, as authorized by Section 49001 of the Education Code. It also does not include the exercise of the degree of physical control authorized by Section 44807 of the Education Code. It also does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer. (Amended by Stats. 1993, Ch. 346, Sec. 1. Effective January 1, 1994.)
11165.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines “abuse or neglect in out-of-home care” and excludes injuries caused by reasonable and necessary force used by a peace officer acting within the scope of employment.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.5. As used in this article, the term “abuse or neglect in out-of-home care” includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, unlawful corporal punishment or injury as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. “Abuse or neglect in out-of-home care” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer. (Amended by Stats. 2007, Ch. 393, Sec. 1. Effective January 1, 2008.)
11165.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines “child abuse or neglect” for the article and lists two exclusions.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.6. As used in this article, the term “child abuse or neglect” includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. “Child abuse or neglect” does not include a mutual affray between minors. “Child abuse or neglect” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer. (Amended by Stats. 2007, Ch. 393, Sec. 2. Effective January 1, 2008.)
11165.7.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section defines who counts as a mandated reporter and requires certain employers and school or childcare entities to provide child abuse reporting training and related statements.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.7. (a) As used in this article, “mandated reporter” is defined as any of the following: (1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school. For purposes of this paragraph, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee. (2) An employee, volunteer, or board member of a public or private school, contractor to a school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school whose duties require contact with or supervision of pupils at that school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school. For purposes of this paragraph, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee. (3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education. For purposes of this paragraph, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee. (4) [Reserved] (5) [Reserved] (6) An administrator of a public or private day camp. (7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization. (8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. (9) [Reserved] (10) A licensee, an administrator, or an employee of a licensed child daycare facility or community care facility, except those licensed community care facilities exclusively serving adults and seniors. (11) A Head Start program teacher. (12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11. (13) A public assistance worker. (14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities. (15) A social worker, probation officer, or parole officer. (16) [Reserved] (17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school. (18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor. (19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section. (20) A firefighter, except for volunteer firefighters. (21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. (22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code. (24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code. (25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code. (26) A state or county public health employee who treats a minor for venereal disease or any other condition. (27) A coroner. (28) A medical examiner or other person who performs autopsies. (29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency. (30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law. (31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings: (A) “Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. (B) “Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. (32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. (33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166. (34) An employee of any police department, county sheriff’s department, county probation department, or county welfare department. (35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court. (36) A custodial officer, as defined in Section 831.5. (37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code. (38) An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect. (39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code. (40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code. (41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. (42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive. (43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code. (B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172. (44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions. (45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code. (46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code. (47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional as defined in Chapter 17 (commencing with Section 4999.200) of Division 2 of the Business and Professions Code. (48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a “human resource employee” is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code. (49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the person’s duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter. (50) An individual employed as a talent agent, talent manager, or talent coach, who provides services to a minor. (b) Except as provided in paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9. (c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5. (2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services. (d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, charter schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. (e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility. (2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. (f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article. (g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. (Amended by Stats. 2025, Ch. 460, Sec. 14.3. (SB 848) Effective January 1, 2026.)
11165.9.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Mandated reporters must make suspected child abuse or neglect reports to specified agencies; those agencies must accept the reports, refer them promptly if they lack jurisdiction, and keep records.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11165.9. Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received. (Amended by Stats. 2006, Ch. 701, Sec. 2. Effective January 1, 2007.)
11166.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Mandated reporters must report known or reasonably suspected child abuse or neglect to the specified agency, usually by phone first and then in writing within 36 hours.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166. (a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in the mandated reporter’s professional capacity or within the scope of the mandated reporter’s employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident. (1) For purposes of this article, “reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on the person’s training and experience, to suspect child abuse or neglect. “Reasonable suspicion” does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any “reasonable suspicion” is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse. (2) The agency shall be notified, and a report shall be prepared and sent by fax or electronic transmission, even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy. (3) A report made by a mandated reporter pursuant to this section shall be known as a mandated report. (b) If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, the mandated reporter shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which the mandated reporter filed the report. A mandated reporter who files a one-time automated written report because the mandated reporter was unable to submit an initial report by telephone is not required to submit a written followup report. (1) The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the statewide child welfare information system. The department shall work with stakeholders to modify reporting forms and the statewide child welfare information system as is necessary to accommodate the changes enacted by these provisions. (2) This subdivision shall not become operative until the statewide child welfare information system is updated to capture the information prescribed in this subdivision. (3) This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first. (4) This section does not supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required. (c) A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals the mandated reporter’s failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense. (d) (1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, “penitential communication” means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of the clergy member’s church, denomination, or organization, has a duty to keep those communications secret. (2) This subdivision does not modify or limit a clergy member’s duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter. (3) (A) On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in the clergy member’s professional capacity or within the scope of the clergy member’s employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph. (B) This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made. (C) The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority. (e) (1) A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of that person’s professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of reasonably suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached. (2) A commercial computer technician who has knowledge of or observes, within the scope of the technician’s professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of reasonably suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials. (3) For purposes of this article, “commercial computer technician” includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7. (4) As used in this subdivision, “electronic medium” includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media. (5) As used in this subdivision, “sexual conduct” means any of the following: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals. (B) Penetration of the vagina or rectum by any object. (C) Masturbation for the purpose of sexual stimulation of the viewer. (D) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer. (E) Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer. (f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, the mandated reporter makes a report of the abuse or neglect pursuant to subdivision (a). (g) Any other person who has knowledge of or observes a child whom the person knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, “any other person” includes a mandated reporter who acts in the person’s private capacity and not in the person’s professional capacity or within the scope of the person’s employment. (h) When two or more persons, who are required to report, jointly have knowledge of a known or reasonably suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (i) (1) The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow the employee’s supervisor to file or process a mandated report under any circumstances. (2) The internal procedures shall not require any employee required to make reports pursuant to this article to disclose the employee’s identity to the employer. (3) Reporting the information regarding knowledge of or reasonably suspected child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9. (j) (1) A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorney’s office every known or reasonably suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parent’s substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send by fax or electronic transmission a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. (2) A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1. (3) (A) When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children (NCMEC). (B) The report submitted by the county probation or welfare department to law enforcement agencies and NCMEC shall include, where reasonably possible, all of the following: (i) A photo of the missing or abducted child or youth. (ii) A description of the child’s or youth’s physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color. (iii) Endangerment information, such as the child’s or youth’s pregnancy status, prescription medications, suicidal tendencies, vulnerability to being sex trafficked, and other health or risk factors, to the extent such information is released in compliance with other applicable laws. (iv) Information about whether the child or youth is or may be an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, including the name of the child’s tribe. (C) For each child or youth described in this paragraph, the county probation or welfare department shall maintain regular communication with law enforcement agencies, including tribal law enforcement agencies in the case of an Indian child, and NCMEC in efforts to provide a safe recovery of the missing or abducted child or youth, including by sharing information pertaining to the child’s or youth’s recovery and circumstances related to the recovery. (k) A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorney’s office every known or reasonably suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or reasonably suspected instance of child abuse or neglect reported to it that is alleged to have occurred as a result of the action of a person responsible for the child’s welfare, or as the result of the failure of a person responsible for the child’s welfare to adequately protect the minor from abuse when the person responsible for the child’s welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send by fax or electronic transmission a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. (Amended by Stats. 2024, Ch. 46, Sec. 4. (AB 161) Effective July 2, 2024.)
11166.01.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section sets criminal penalties for certain reporting-related violations by supervisors, administrators, mandated reporters, and other persons.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.01. (a) Except as provided in subdivision (b), any supervisor or administrator who violates paragraph (1) of subdivision (i) of Section 11166 shall be punished by not more than six months in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Notwithstanding Section 11162 or subdivision (c) of Section 11166, any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, in violation of this article, where that abuse or neglect results in death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2006, Ch. 901, Sec. 10. Effective January 1, 2007.)
11166.02.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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County welfare agencies may run an internet-based child abuse reporting program, but they must meet specified safeguards and counties must later shut the system down when the statewide system is available and functional.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.02. (a) A county welfare agency, in accordance with Section 10612.5 of the Welfare and Institutions Code, may develop a program for internet-based reporting of child abuse and neglect. The program may receive reports by mandated reporters, as defined in Section 11165.7, of suspected child abuse or neglect and shall meet all of the following conditions: (1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death. (2) The agency provides an internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report. (3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report. (4) The agency provides an internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system. (5) This section does not change current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect. (b) (1) In a county where the program is active, a mandated reporter may use the internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter submitting an internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements. (2) In a county where the program is active, a mandated reporter who submits the initial report through the internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166. (c) A county shall decommission its system for internet-based reporting of child abuse and neglect, as developed pursuant to this section, when the State Department of Social Services notifies counties that internet-based reporting of child abuse and neglect is available and functional within the statewide comprehensive child welfare information system. (Amended by Stats. 2020, Ch. 242, Sec. 1. (AB 1929) Effective January 1, 2021.)
11166.05.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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A mandated reporter may report suspected serious emotional damage or substantial risk of it in a child to the agency named in Section 11165.9.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.05. Any mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, may make a report to an agency specified in Section 11165.9. (Amended by Stats. 2004, Ch. 842, Sec. 9. Effective January 1, 2005.)
11166.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Agencies must quickly notify the licensing office and relevant attorneys when certain child abuse or neglect reports are received.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.1. (a) (1) When an agency receives a report pursuant to Section 11166 that contains either of the following, it shall, within 24 hours, notify the licensing office with jurisdiction over the facility: (A) A report of abuse alleged to have occurred in facilities licensed to care for children by the State Department of Social Services. (B) A report of the death of a child who was, at the time of death, living at, enrolled in, or regularly attending a facility licensed to care for children by the State Department of Social Services, unless the circumstances of the child’s death are clearly unrelated to the child’s care at the facility. (2) The agency shall send the licensing agency a copy of its investigation and any other pertinent materials. (b) Any employee of an agency specified in Section 11165.9 who has knowledge of, or observes in their professional capacity or within the scope of their employment, a child in protective custody whom the employee knows or reasonably suspects has been the victim of child abuse or neglect shall, within 36 hours, send or have sent to the attorney who represents the child in dependency court, a copy of the report prepared in accordance with Section 11166. The agency shall maintain a copy of the written report. All information requested by the attorney for the child or the child’s guardian ad litem shall be provided by the agency within 30 days of the request. (c) (1) When an agency receives a report pursuant to Section 11166 alleging abuse or neglect of the child of a minor parent or a nonminor dependent parent, the agency shall, within 36 hours, provide notice of the report to the attorney who represents the minor parent or nonminor dependent in dependency court. (2) For purposes of this subdivision, “minor parent” and “nonminor dependent parent” have the same meaning as in Section 16002.5 of the Welfare and Institutions Code. (Amended by Stats. 2021, Ch. 585, Sec. 1. (AB 670) Effective January 1, 2022.)
11166.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Covered agencies must report suspected child abuse or neglect to the appropriate licensing agency right away, and send a written follow-up within 36 hours.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.2. In addition to the reports required under Section 11166, any agency specified in Section 11165.9 shall immediately or as soon as practically possible report by telephone, fax, or electronic transmission to the appropriate licensing agency every known or suspected instance of child abuse or neglect when the instance of abuse or neglect occurs while the child is being cared for in a child day care facility, involves a child day care licensed staff person, or occurs while the child is under the supervision of a community care facility or involves a community care facility licensee or staff person. The agency shall also send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. The agency shall send the licensing agency a copy of its investigation report and any other pertinent materials. (Amended by Stats. 2001, Ch. 133, Sec. 7. Effective July 31, 2001.)
11166.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section requires local law enforcement and county welfare or probation departments to coordinate child abuse investigations and exchange reports on set timelines.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.3. (a) The Legislature intends that in each county the law enforcement agencies and the county welfare or probation department shall develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases. The local law enforcement agency having jurisdiction over a case reported under Section 11166 shall report to the county welfare or probation department that it is investigating the case within 36 hours after starting its investigation. The county welfare department or probation department shall, in cases where a minor is a victim of actions specified in Section 288 of this code and a petition has been filed pursuant to Section 300 of the Welfare and Institutions Code with regard to the minor, evaluate what action or actions would be in the best interest of the child victim. Notwithstanding any other provision of law, the county welfare department or probation department shall submit in writing its findings and the reasons therefor to the district attorney on or before the completion of the investigation. The written findings and the reasons therefor shall be delivered or made accessible to the defendant or his or her counsel in the manner specified in Section 859. (b) The local law enforcement agency having jurisdiction over a case reported under Section 11166 shall report to the district office of the State Department of Social Services any case reported under this section if the case involves a facility specified in paragraph (5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or 1596.76 of the Health and Safety Code, and the licensing of the facility has not been delegated to a county agency. The law enforcement agency shall send a copy of its investigation report and any other pertinent materials to the licensing agency upon the request of the licensing agency. (Amended by Stats. 2001, Ch. 133, Sec. 8. Effective July 31, 2001.)
11166.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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A county may use a children’s advocacy center, but if it does, the center must meet detailed standards for staffing, training, governance, services, confidentiality, and handling of child forensic interview recordings.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.4. (a) Each county may use a children’s advocacy center to implement a coordinated multidisciplinary response pursuant to Section 18961.7 of the Welfare and Institutions Code, to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment. (b) A county that utilizes a child advocacy center to coordinate its multidisciplinary response pursuant to subdivision (a) shall require the children’s advocacy center to meet the following standards: (1) The multidisciplinary team associated with the children’s advocacy center shall consist of a representative of the children’s advocacy center and at least one representative from each of the following disciplines: law enforcement, child protective services, district attorney’s offices, medical providers, mental health providers, victim advocates, and in the case of an Indian child, a representative from the child’s tribe, including, but not limited to, a tribal social worker, tribal social services director, or tribal mental health professional. Members of the multidisciplinary team may fill more than one role, within the scope of their practice, as needed. (2) The multidisciplinary team associated with the children’s advocacy center shall have cultural competency and diversity training to meet the needs of the community it serves. (3) The children’s advocacy center shall have a designated legal entity responsible for the governance of its operations. This entity shall oversee ongoing business practices of the children’s advocacy center, including setting and implementing administrative policies, hiring and managing personnel, obtaining funding, supervising program and fiscal operations, and conducting long-term planning. (4) The children’s advocacy center shall provide a dedicated child-focused setting designed to provide a safe, comfortable, and neutral place where forensic interviews and other children’s advocacy center services may be appropriately provided for children and families. (5) The children’s advocacy center shall use written protocols for case review and case review procedures, and shall use a case tracking system to provide information on essential demographics and case information. (6) The children’s advocacy center shall verify that members of the multidisciplinary team responsible for medical evaluations have specific training in child abuse or child sexual abuse examinations. (7) The children’s advocacy center shall verify that members of the multidisciplinary team responsible for mental health services are trained in and deliver trauma-focused, evidence-supported mental health treatments. (8) The children’s advocacy center shall verify that interviews conducted in the course of investigations are conducted in a forensically sound manner and occur in a child-focused setting designed to provide a safe, comfortable, and dedicated place for children and families. These interviews are confidential and are not public records. (9) (A) The children’s advocacy center or other identified multidisciplinary team member custodian shall ensure that all recordings of child forensic interviews be released only in response to a court order. The court shall issue a protective order as part of the release, unless the court finds good cause that disclosure of the interview should not be subject to such an order. The protective order shall include all of the following language: (i) That the recording be used only for the purposes of conducting the party’s side of the case, unless ordered by the court. (ii) That the recording not be copied, photographed, duplicated, or otherwise reproduced except as a written transcript that does not reveal the identity of the child, unless ordered by the court. (iii) That the recording not be given, displayed, or in any way provided to a third party, except as permitted in clause (iv) or (v) of this subparagraph or as necessary in preparation for or during trial. (iv) That the recording remain in the exclusive custody of the attorneys, or in the case of an Indian child, the tribal representative of a tribe unrepresented by an attorney, their employees, or agents, including expert witnesses retained by any party, who shall be provided a copy of and instructed to abide by the protective order. (v) That, except as permitted in clause (iv), if the party is not represented by an attorney, the party, the party’s employees and agents, including expert witnesses, shall not be given a copy of the recording but shall be given reasonable access to view or listen to the recording by the custodian of the recording. In a criminal case involving an in pro per defendant, if the court has appointed an investigator, the court may order a copy of the recording be provided to the investigator with a protective order consistent with this section and further order the investigator to return the recording to the court upon conclusion of the criminal case. (vi) That upon termination of representation or upon disposition of the matter, after all appeals and writs of habeas corpus have been exhausted, attorneys promptly return all copies of the recording. (B) Notwithstanding subparagraph (A), the children’s advocacy center or other identified multidisciplinary team member custodian shall release or consent to the release or use of any recording, upon request, to both of the following: (i) Law enforcement agencies authorized to investigate child abuse, or agencies authorized to prosecute juvenile or criminal conduct described in the forensic interview. (ii) County counsel evaluating an allegation of child abuse. (C) In any court proceeding, release of any recording pursuant to the civil, dependency, or criminal discovery process shall be accompanied by a protective order, unless the court finds good cause that disclosure of the recording should not be subject to such an order. (D) The child advocacy center where a forensic interview is conducted may use the recording for purposes of supervision and peer review as required to meet national accreditation standards. Recordings that anonymize the child’s face or likeness may be used for training. (E) (i) Recognizing the inherent privacy interest that a child has with respect to the child’s recorded voice and image when describing highly sensitive details of abuse or neglect, any and all recordings of child forensic interviews shall not be the subject to a Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) request and are exempt from any such request. (ii) The recording shall not become a public record in any legal proceeding. (iii) The court shall order the recording be sealed and preserved at the conclusion of the criminal proceeding. (c) This section does not preclude a county from utilizing more than one children’s advocacy center. (d) The files, reports, records, communications, and working papers used or developed in providing services through a children’s advocacy center are confidential and are not public records. (e) Notwithstanding any other law providing for the confidentiality of information or records relating to the investigation of suspected child abuse or neglect, the members of a multidisciplinary team associated with a children’s advocacy center, including agency representatives, child forensic interviewers, and other providers at the children’s advocacy center, are authorized to share with other multidisciplinary team members any information or records concerning the child and family and the person who is the subject of the investigation of suspected child abuse or neglect for the sole purpose of facilitating a forensic interview or case discussion or providing services to the child or family, provided, however, that the shared information or records shall be treated as confidential to the extent required by law by the receiving multidisciplinary team members. (f) An employee or designated agent of a child and family advocacy center that meets the requirements of subdivision (b) is immune from any civil liability that arises from the employee’s or designated agent’s participation in the investigation process and services provided by the child and family advocacy center, unless the employee or designated agent acted with malice or has been charged with or is suspected of abusing or neglecting the child who is the subject of the investigation or services provided. This subdivision does not supersede or limit any other immunity provided by law. (g) As used in this section “recording” includes audio, video, digital, or any other manner in which the child’s voice or likeness is memorialized. (Amended by Stats. 2023, Ch. 717, Sec. 1. (SB 603) Effective January 1, 2024.)
11166.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section requires certain mandated reporters, child visitation monitors, employers, courts, and licensing agencies to exchange and file compliance statements, and it limits when some minor-child service providers must report.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11166.5. (a) On and after January 1, 1985, any mandated reporter as specified in Section 11165.7, with the exception of child visitation monitors, prior to commencing his or her employment, and as a prerequisite to that employment, shall sign a statement on a form provided to him or her by his or her employer to the effect that he or she has knowledge of the provisions of Section 11166 and will comply with those provisions. The statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations under Section 11166 and of his or her confidentiality rights under subdivision (d) of Section 11167. The employer shall provide a copy of Sections 11165.7, 11166, and 11167 to the employee. On and after January 1, 1993, any person who acts as a child visitation monitor, as defined in paragraph (30) of subdivision (a) of Section 11165.7, prior to engaging in monitoring the first visit in a case, shall sign a statement on a form provided to him or her by the court which ordered the presence of that third person during the visit, to the effect that he or she has knowledge of the provisions of Section 11166 and will comply with those provisions. The signed statements shall be retained by the employer or the court, as the case may be. The cost of printing, distribution, and filing of these statements shall be borne by the employer or the court. This subdivision is not applicable to persons employed by public or private youth centers, youth recreation programs, and youth organizations as members of the support staff or maintenance staff and who do not work with, observe, or have knowledge of children as part of their official duties. (b) On and after January 1, 1986, when a person is issued a state license or certificate to engage in a profession or occupation, the members of which are required to make a report pursuant to Section 11166, the state agency issuing the license or certificate shall send a statement substantially similar to the one contained in subdivision (a) to the person at the same time as it transmits the document indicating licensure or certification to the person. In addition to the requirements contained in subdivision (a), the statement also shall indicate that failure to comply with the requirements of Section 11166 is a misdemeanor, punishable by up to six months in a county jail, by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. (c) As an alternative to the procedure required by subdivision (b), a state agency may cause the required statement to be printed on all application forms for a license or certificate printed on or after January 1, 1986. (d) On and after January 1, 1993, any child visitation monitor, as defined in paragraph (30) of subdivision (a) of Section 11165.7, who desires to act in that capacity shall have received training in the duties imposed by this article, including training in child abuse identification and child abuse reporting. The person, prior to engaging in monitoring the first visit in a case, shall sign a statement on a form provided to him or her by the court which ordered the presence of that third person during the visit, to the effect that he or she has received this training. This statement may be included in the statement required by subdivision (a) or it may be a separate statement. This statement shall be filed, along with the statement required by subdivision (a), in the court file of the case for which the visitation monitoring is being provided. (e) Any person providing services to a minor child, as described in paragraph (37) of subdivision (a) of Section 11165.7, shall not be required to make a report pursuant to Section 11166 unless that person has received training, or instructional materials in the appropriate language, on the duties imposed by this article, including identifying and reporting child abuse and neglect. (Amended by Stats. 2004, Ch. 842, Sec. 10.5. Effective January 1, 2005.)
11167.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section says what information must be included in child abuse or neglect reports, requires reporting even when some information is unknown, and protects reporter confidentiality.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11167. (a) Reports of known or reasonably suspected child abuse or neglect pursuant to Section 11166 or Section 11166.05 shall include the name, business address, and telephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect and the source or sources of that information. If a report is made, the following information, if known, shall also be included in the report: the child’s name, address, present location, and, if applicable, school, grade, and class; the names, addresses, and telephone numbers of the child’s parents or guardians; and the name, address, telephone number, and other relevant personal information about the person or persons who the mandated reporter knows or reasonably suspects to have abused or neglected the child. The mandated reporter shall make a report even if some of this information is not known or is uncertain to them. (b) Information relevant to the incident of child abuse or neglect and information relevant to a report made pursuant to Section 11166.05 may be given to an investigator from an agency that is investigating the known or suspected case of child abuse or neglect. (c) Information relevant to the incident of child abuse or neglect, including the investigation report and other pertinent materials, and information relevant to a report made pursuant to Section 11166.05 may be given to the licensing agency when it is investigating a known or suspected case of child abuse or neglect. (d) (1) The identity of all persons who report under this article shall be confidential and disclosed only among agencies receiving or investigating mandated reports, to the prosecutor in a criminal prosecution or in an action initiated under Section 602 of the Welfare and Institutions Code arising from alleged child abuse, or to counsel appointed pursuant to subdivision (c) of Section 317 of the Welfare and Institutions Code, or to the county counsel or prosecutor in a proceeding under Part 4 (commencing with Section 7800) of Division 12 of the Family Code or Section 300 of the Welfare and Institutions Code, or to a licensing agency when abuse or neglect in out-of-home care is reasonably suspected, or when those persons waive confidentiality, or by court order. (2) No agency or person listed in this subdivision shall disclose the identity of any person who reports under this article to that person’s employer, except with the employee’s consent or by court order. (e) Notwithstanding the confidentiality requirements of this section, a representative of a child protective services agency performing an investigation that results from a report of reasonably suspected child abuse or neglect made pursuant to Section 11166 or Section 11166.05, at the time of the initial contact with the individual who is subject to the investigation, shall advise the individual of the complaints or allegations against them, in a manner that is consistent with laws protecting the identity of the reporter under this article. (f) (1) An agency specified in Section 11165.9 receiving a report of known or reasonably suspected child abuse or neglect pursuant to subdivision (g) of Section 11166 shall ask the reporter to provide all of the following information in the report: (A) Their name. (B) Their telephone number. (C) The information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect. (D) The source or sources of the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect. (2) If the reporter refuses to provide their name or telephone number, the agency shall make efforts to determine the basis for that refusal and advise the reporter that the identifying information will remain confidential. (Amended by Stats. 2023, Ch. 434, Sec. 1. (AB 391) Effective January 1, 2024.)
11167.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Certain child abuse and neglect reports are confidential and may be disclosed only to specified persons or agencies. Violating the confidentiality rule is a misdemeanor.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11167.5. (a) The reports required by Sections 11166 and 11166.2, or authorized by Section 11166.05, and child abuse or neglect investigative reports that result in a summary report being filed with the Department of Justice pursuant to subdivision (a) of Section 11169 shall be confidential and may be disclosed only as provided in subdivision (b). Any violation of the confidentiality provided by this article is a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fine of five hundred dollars ($500), or by both that imprisonment and fine. (b) Reports of suspected child abuse or neglect and information contained therein may be disclosed only to the following: (1) Persons or agencies to whom disclosure of the identity of the reporting party is permitted under Section 11167. (2) Persons or agencies to whom disclosure of information is permitted under subdivision (b) of Section 11170 or subdivision (a) of Section 11170.5. (3) Persons or agencies with whom investigations of child abuse or neglect are coordinated under the regulations promulgated under Section 11174. (4) Multidisciplinary personnel teams as defined in subdivision (d) of Section 18951 of the Welfare and Institutions Code. (5) Persons or agencies responsible for the licensing of facilities which care for children, as specified in Section 11165.7. (6) The State Department of Social Services or any county, as specified in paragraph (4) of subdivision (b) of Section 11170, when an individual has applied for a license to operate a community care facility or child daycare facility, or for a certificate of approval to operate a certified family home or resource family home, or for employment or presence in a licensed facility, certified family home, or resource family home, or when a complaint alleges child abuse or neglect by a licensee or employee of, or individual approved to be present in, a licensed facility, certified family home, or resource family home. (7) Hospital scan teams. As used in this paragraph, “hospital scan team” means a team of three or more persons established by a hospital, or two or more hospitals in the same county, consisting of health care professionals and representatives of law enforcement and child protective services, the members of which are engaged in the identification of child abuse or neglect. The disclosure authorized by this section includes disclosure among all hospital scan teams. (8) Coroners and medical examiners when conducting a post mortem examination of a child. (9) The Board of Parole Hearings, which may subpoena an employee of a county welfare department who can provide relevant evidence and reports that both (A) are not unfounded, pursuant to Section 11165.12, and (B) concern only the current incidents upon which parole revocation proceedings are pending against a parolee charged with child abuse or neglect. The reports and information shall be confidential pursuant to subdivision (d) of Section 11167. (10) Personnel from an agency responsible for making a placement of a child pursuant to Section 361.3 of, and Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code. (11) Persons who have been identified by the Department of Justice as listed in the Child Abuse Central Index pursuant to paragraph (7) of subdivision (b) of Section 11170 or subdivision (c) of Section 11170, or persons who have verified with the Department of Justice that they are listed in the Child Abuse Central Index as provided in subdivision (f) of Section 11170. Disclosure under this paragraph is required notwithstanding the California Public Records Act, (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Nothing in this paragraph shall preclude a submitting agency prior to disclosure from redacting any information necessary to maintain confidentiality as required by law. (12) Out-of-state law enforcement agencies conducting an investigation of child abuse or neglect only when an agency makes the request for reports of suspected child abuse or neglect in writing and on official letterhead, or as designated by the Department of Justice, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written request shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports is to be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure provided by the requesting state or the applicable interstate compact provision. (13) Out-of-state agencies responsible for approving prospective foster or adoptive parents for placement of a child only when the agency makes the request in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). The request shall also cite the safeguards in place to prevent unlawful disclosure provided by the requesting state or the applicable interstate compact provision and indicate that the requesting state shall maintain continual compliance with the requirement in paragraph (20) of subdivision (a) of Section 671 of Title 42 of the United States Code that requires the state have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases. (14) Each chairperson of a county child death review team, or the chairperson’s designee, to whom disclosure of information is permitted under this article, relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victim, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams. (c) Authorized persons within county health departments shall be permitted to receive copies of any reports made by health practitioners, as defined in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7, and pursuant to Section 11165.13, and copies of assessments completed pursuant to Sections 123600 and 123605 of the Health and Safety Code, to the extent permitted by federal law. Any information received pursuant to this subdivision is protected by subdivision (e). (d) Nothing in this section requires the Department of Justice to disclose information contained in records maintained under Section 11170 or under the regulations promulgated pursuant to Section 11174, except as otherwise provided in this article. (e) This section shall not be interpreted to allow disclosure of any reports or records relevant to the reports of child abuse or neglect if the disclosure would be prohibited by any other provisions of state or federal law applicable to the reports or records relevant to the reports of child abuse or neglect. (Amended by Stats. 2021, Ch. 615, Sec. 346. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
11168.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Reports required by Section 11166 must be submitted on forms adopted by the Department of Justice.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11168. The written reports required by Section 11166 shall be submitted on forms adopted by the Department of Justice after consultation with representatives of the various professional medical associations and hospital associations and county probation or welfare departments. Those forms shall be distributed by the agencies specified in Section 11165.9. (Amended by Stats. 2000, Ch. 916, Sec. 26. Effective January 1, 2001.)
11169.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Certain agencies must report substantiated child abuse or severe neglect cases to the Department of Justice, and related notice, hearing, retention, and removal rules apply to CACI listings.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11169. (a) An agency specified in Section 11165.9 shall forward to the Department of Justice a report in writing of every case it investigates of known or suspected child abuse or severe neglect that is determined to be substantiated, other than cases coming within subdivision (b) of Section 11165.2. An agency shall not forward a report to the Department of Justice unless it has conducted an active investigation and determined that the report is substantiated, as defined in Section 11165.12. If a report has previously been filed which subsequently proves to be not substantiated, the Department of Justice shall be notified in writing of that fact and shall not retain the report. The reports required by this section shall be in a form approved by the Department of Justice and may be sent by fax or electronic transmission. An agency specified in Section 11165.9 receiving a written report from another agency specified in Section 11165.9 shall not send that report to the Department of Justice. (b) On and after January 1, 2012, a police department or sheriff’s department specified in Section 11165.9 shall no longer forward to the Department of Justice a report in writing of any case it investigates of known or suspected child abuse or severe neglect. (c) At the time an agency specified in Section 11165.9 forwards a report in writing to the Department of Justice pursuant to subdivision (a), the agency shall also notify in writing the known or suspected child abuser that he or she has been reported to the Child Abuse Central Index (CACI).The notice required by this section shall be in a form approved by the Department of Justice. The requirements of this subdivision shall apply with respect to reports forwarded to the department on or after the date on which this subdivision becomes operative. (d) Subject to subdivision (e), any person who is listed on the CACI has the right to a hearing before the agency that requested his or her inclusion in the CACI to challenge his or her listing on the CACI. The hearing shall satisfy due process requirements. It is the intent of the Legislature that the hearing provided for by this subdivision shall not be construed to be inconsistent with hearing proceedings available to persons who have been listed on the CACI prior to the enactment of the act that added this subdivision. (e) A hearing requested pursuant to subdivision (d) shall be denied when a court of competent jurisdiction has determined that suspected child abuse or neglect has occurred, or when the allegation of child abuse or neglect resulting in the referral to the CACI is pending before the court. A person who is listed on the CACI and has been denied a hearing pursuant to this subdivision has a right to a hearing pursuant to subdivision (d) only if the court’s jurisdiction has terminated, the court has not made a finding concerning whether the suspected child abuse or neglect was substantiated, and a hearing has not previously been provided to the listed person pursuant to subdivision (d). (f) Any person listed in the CACI who has reached 100 years of age shall have his or her listing removed from the CACI. (g) Any person listed in the CACI as of January 1, 2013, who was listed prior to reaching 18 years of age, and who is listed once in CACI with no subsequent listings, shall be removed from the CACI 10 years from the date of the incident resulting in the CACI listing. (h) If, after a hearing pursuant to subdivision (d) or a court proceeding described in subdivision (e), it is determined the person’s CACI listing was based on a report that was not substantiated, the agency shall notify the Department of Justice of that result and the department shall remove that person’s name from the CACI. (i) Agencies, including police departments and sheriff’s departments, shall retain child abuse or neglect investigative reports that result or resulted in a report filed with the Department of Justice pursuant to subdivision (a) for the same period of time that the information is required to be maintained on the CACI pursuant to this section and subdivision (a) of Section 11170. Nothing in this section precludes an agency from retaining the reports for a longer period of time if required by law. (j) The immunity provisions of Section 11172 shall not apply to the submission of a report by an agency pursuant to this section. However, nothing in this section shall be construed to alter or diminish any other immunity provisions of state or federal law. (Amended by Stats. 2012, Ch. 848, Sec. 1. (AB 1707) Effective January 1, 2013.)
1117.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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If the jury is discharged because the charged facts are not a punishable offense, the court must discharge the defendant or release bail/refund deposited money, unless a new charging document can be prepared.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1117. If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged; or if admitted to bail, that his bail be exonerated; or, if he has deposited money or if money has been deposited by another or others instead of bail for his appearance, that the money be refunded to him or to the person or persons found by the court to have deposited said money on behalf of said defendant, unless in its opinion a new indictment or information can be framed upon which the defendant can be legally convicted, in which case it may direct the district attorney to file a new information, or (if the defendant has not been committed by a magistrate) direct that the case be submitted to the same or another grand jury; and the same proceedings must be had thereon as are prescribed in section 998; provided, that after such order or submission the defendant may be examined before a magistrate, and discharged or committed by him as in other cases. (Amended by Stats. 1935, Ch. 657.)
11170.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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The Department of Justice must maintain the Child Abuse Central Index, keep it updated, and disclose specified information only in the situations listed here. People may request to see whether they are listed, and certain adults may request removal if they are listed only as a victim and are 18 or older.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11170. (a) (1) The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article. (2) The department shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the Child Abuse Central Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the CACI accurately reflects the report it receives from the submitting agency. (3) Only information from reports that are reported as substantiated shall be filed pursuant to paragraph (1), and all other determinations shall be removed from the central list. If a person listed in the CACI was under 18 years of age at the time of the report, the information shall be deleted from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period. (b) The provisions of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision. (1) The Department of Justice shall immediately notify an agency that submits a report pursuant to Section 11169, or a prosecutor who requests notification, of any information maintained pursuant to subdivision (a) that is relevant to the known or suspected instance of child abuse or severe neglect reported by the agency. The agency shall make that information available to the reporting health care practitioner who is treating a person reported as a possible victim of known or suspected child abuse. The agency shall make that information available to the reporting child custodian, Child Abuse Prevention and Treatment Act guardian ad litem appointed under Rule 5.662 of the California Rules of Court, or counsel appointed under Section 317 or 318 of the Welfare and Institutions Code, or the appropriate licensing agency, if he or she or the licensing agency is handling or investigating a case of known or suspected child abuse or severe neglect. (2) When a report is made pursuant to subdivision (a) of Section 11166, or Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family. (3) The Department of Justice shall make relevant information from the CACI available to a law enforcement agency, county welfare department, tribal agency pursuant to Section 10553.12 of the Welfare and Institutions Code, or county probation department that is conducting a child abuse investigation. (4) The department shall make available to the State Department of Social Services, to any county licensing agency that has contracted with the state for the performance of licensing duties, to a county approving resource families pursuant to Section 16519.5 of the Welfare and Institutions Code, or to a tribal court or tribal child welfare agency of a tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any person who is an applicant for licensure or approval, or any adult who resides or is employed in the home of an applicant for licensure or approval, or who is an applicant for employment in a position having supervisorial or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility, pursuant to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 or 16519.5 of the Welfare and Institutions Code. (5) The Department of Justice shall make available to a Court Appointed Special Advocate program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Court Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code, information contained in the index regarding known or suspected child abuse by the applicant. (6) For purposes of child death review, the Department of Justice shall make available to the chairperson, or the chairperson’s designee, for each county child death review team, or the State Child Death Review Council, information for investigative purposes only that is maintained in the CACI pursuant to subdivision (a) relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams. (7) The department shall make available to investigative agencies or probation officers, or court investigators acting pursuant to Section 1513 of the Probate Code, responsible for placing children or assessing the possible placement of children pursuant to Article 6 (commencing with Section 300), Article 7 (commencing with Section 305), Article 10 (commencing with Section 360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of Division 4 of the Probate Code, information regarding a known or suspected child abuser contained in the index concerning any adult residing in the home where the child may be placed, when this information is requested for purposes of ensuring that the placement is in the best interest of the child. Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice pursuant to this subdivision, the agency or court investigator shall notify, in writing, the person listed in the CACI that he or she is in the index. The notification shall include the name of the reporting agency and the date of the report. (8) Pursuant to Section 10553.12 of the Welfare and Institutions Code, the department shall make available to a tribal agency information regarding a known or suspected child abuser maintained pursuant to this section or subdivision (a) of Section 11169 who is being considered as a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children. (9) The Department of Justice shall make available to a government agency conducting a background investigation pursuant to Section 1031 of the Government Code of an applicant seeking employment as a peace officer, as defined in Section 830, information regarding a known or suspected child abuser maintained pursuant to this section concerning the applicant. (10) The Department of Justice shall make available to a county child welfare agency or delegated county adoption agency, as defined in Section 8515 of the Family Code, conducting a background investigation, or a government agency conducting a background investigation on behalf of one of those agencies, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any applicant seeking employment or volunteer status with the agency who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect. (11) (A) Persons or agencies, as specified in subdivision (b), if investigating a case of known or suspected child abuse or neglect, or the State Department of Social Services or any county licensing agency pursuant to paragraph (4), or a Court Appointed Special Advocate (CASA) program conducting a background investigation for employment or volunteer candidates pursuant to paragraph (5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children pursuant to paragraph (7), or a government agency conducting a background investigation of an applicant seeking employment as a peace officer pursuant to paragraph (9), or a county child welfare agency or delegated county adoption agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph (10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed, and its sufficiency for making decisions regarding investigation, prosecution, licensing, placement of a child, employment or volunteer positions with a CASA program, or employment as a peace officer. (B) If CACI information is requested by an agency for the temporary placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the agency’s inquiry and if further delay in placement may be detrimental to the child. (12) (A) Whenever information contained in the Department of Justice files is furnished as the result of an application for employment or licensing or volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice may charge the person or entity making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15). (B) All moneys received by the department pursuant to this section to process trustline applications for purposes of Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited in a special account in the General Fund that is hereby established and named the Department of Justice Child Abuse Fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process trustline automated child abuse or neglect system checks pursuant to this section. (C) All moneys, other than those described in subparagraph (B), received by the department pursuant to this paragraph shall be deposited in a special account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for maintenance and improvements to the statewide Sexual Habitual Offender Program and the California DNA offender identification file (CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part 4 and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1). (c) (1) The Department of Justice shall make available to any agency responsible for placing children pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, upon request, relevant information concerning child abuse or neglect reports contained in the index, when making a placement with a responsible relative pursuant to Sections 281.5, 305, and 361.3 of the Welfare and Institutions Code. Upon receipt of relevant information concerning child abuse or neglect reports contained in the index from the Department of Justice pursuant to this subdivision, the agency shall also notify in writing the person listed in the CACI that he or she is in the index. The notification shall include the location of the original investigative report and the submitting agency. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement. (2) If information is requested by an agency for the placement of a child with a responsible relative in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the child protective agency’s inquiry and if further delay in placement may be detrimental to the child. (d) The department shall make available any information maintained pursuant to subdivision (a) to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, or as designated by the department, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision. (e) (1) The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subsection (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases. (2) With respect to any information provided by the department in response to the out-of-state agency’s request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents. (3) (A) Whenever information contained in the index is furnished pursuant to this subdivision, the department shall charge the out-of-state agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15). (B) All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Child Abuse Fund, established under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process requests for information pursuant to this subdivision. (f) (1) Any person may determine if he or she is listed in the CACI by making a request in writing to the Department of Justice. The request shall be notarized and include the person’s name, address, date of birth, and either a social security number or a California identification number. Upon receipt of a notarized request, the Department of Justice shall make available to the requesting person information identifying the date of the report and the submitting agency. The requesting person is responsible for obtaining the investigative report from the submitting agency pursuant to paragraph (11) of subdivision (b) of Section 11167.5. (2) No person or agency shall require or request another person to furnish a copy of a record concerning himself or herself, or notification that a record concerning himself or herself exists or does not exist, pursuant to paragraph (1). (g) If a person is listed in the CACI only as a victim of child abuse or neglect, and that person is 18 years of age or older, that person may have his or her name removed from the index by making a written request to the Department of Justice. The request shall be notarized and include the person’s name, address, social security number, and date of birth. (Amended by Stats. 2017, Ch. 732, Sec. 42. (AB 404) Effective January 1, 2018.)
11170.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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The Department of Justice must provide certain child-abuse information to a licensed adoption agency for adoption applicants, and it may charge a fee subject to limits.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11170.5. (a) Notwithstanding paragraph (4) of subdivision (b) of Section 11170, the Department of Justice shall make available to a licensed adoption agency, as defined in Section 8530 of the Family Code, information regarding a known or suspected child abuser maintained in the Child Abuse Central Index, pursuant to subdivision (a) of Section 11170, concerning any person who has submitted to the agency an application for adoption. (b) A licensed adoption agency, to which disclosure of any information pursuant to subdivision (a) is authorized, is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and the sufficiency of the evidence for making decisions when evaluating an application for adoption. (c) Whenever information contained in the Department of Justice files is furnished as the result of an application for adoption pursuant to subdivision (a), the Department of Justice may charge the agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15). All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Sexual Habitual Offender Fund pursuant to subparagraph (C) of paragraph (9) of subdivision (b) of Section 11170. (Amended by Stats. 2004, Ch. 842, Sec. 19. Effective January 1, 2005.)
11171.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section requires the Office of Emergency Services to set up medical forensic forms and protocols for child abuse or neglect cases, and it sets reimbursement rules for medical evidentiary exams.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11171. (a) (1) The Legislature hereby finds and declares that adequate protection of victims of child physical abuse or neglect has been hampered by the lack of consistent and comprehensive medical examinations. (2) Enhancing examination procedures, documentation, and evidence collection relating to child abuse or neglect will improve the investigation and prosecution of child abuse or neglect as well as other child protection efforts. (b) The Office of Emergency Services shall, in cooperation with the State Department of Social Services, the Department of Justice, the California Association of Crime Lab Directors, the California District Attorneys Association, the California State Sheriffs’ Association, the California Peace Officers Association, the California Medical Association, the California Police Chiefs’ Association, child advocates, the California Medical Training Center, child protective services, and other appropriate experts, establish medical forensic forms, instructions, and examination protocols for victims of child physical abuse or neglect using as a model the form and guidelines developed pursuant to Section 13823.5. (c) The forms shall include, but not be limited to, a place for notation concerning each of the following: (1) Any notification of injuries or any report of suspected child physical abuse or neglect to law enforcement authorities or children’s protective services, in accordance with existing reporting procedures. (2) Addressing relevant consent issues, if indicated. (3) The taking of a patient history of child physical abuse or neglect that includes other relevant medical history. (4) The performance of a physical examination for evidence of child physical abuse or neglect. (5) The collection or documentation of any physical evidence of child physical abuse or neglect, including any recommended photographic procedures. (6) The collection of other medical or forensic specimens, including drug ingestion or toxication, as indicated. (7) Procedures for the preservation and disposition of evidence. (8) Complete documentation of medical forensic exam findings with recommendations for diagnostic studies, including blood tests and X-rays. (9) An assessment as to whether there are findings that indicate physical abuse or neglect. (d) The forms shall become part of the patient’s medical record pursuant to guidelines established by the advisory committee of the Office of Emergency Services and subject to the confidentiality laws pertaining to the release of medical forensic examination records. (e) The forms shall be made accessible for use in an electronic format. (f) The costs associated with the medical evidentiary examination of a victim of child physical abuse or neglect shall be separate from diagnostic treatment and procedure costs associated with medical treatment. Costs for the medical evidentiary portion of the examination shall not be charged directly or indirectly to the victim of child physical abuse or neglect. (g) Each county’s board of supervisors shall authorize a designee to approve the Sexual Assault Response Teams (SART), Sexual Assault Forensic Examiner (SAFE) teams, or other qualified medical evidentiary examiners to receive reimbursement through the Office of Emergency Services for the performance of medical evidentiary examinations for victims of child physical abuse or neglect and shall notify the Office of Emergency Services of this designation. The costs associated with these medical evidentiary exams shall be funded by the state, subject to appropriation by the Legislature. Each county’s designated SART, SAFE, or other qualified medical evidentiary examiners shall submit invoices to the Office of Emergency Service, who shall administer the program. A flat reimbursement rate shall be established. Within one year upon initial appropriation, the Office of Emergency Service shall establish a 60-day reimbursement process. The Office of Emergency Service shall assess and determine a fair and reasonable reimbursement rate to be reviewed every five years. (h) Reimbursement shall not be subject to reduced reimbursement rates based on patient history or other reasons. Victims of child physical abuse or neglect may receive a medical evidentiary exam outside of the jurisdiction where the crime occurred and that county’s approved SART, SAFE teams, or qualified medical evidentiary examiners shall be reimbursed for the performance of these exams. (Amended by Stats. 2023, Ch. 841, Sec. 1. (AB 1402) Effective January 1, 2024.)
11171.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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Physicians and surgeons, dentists, and their agents may take skeletal X-rays of a child without parental consent, but only to diagnose possible child abuse or neglect and determine its extent.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11171.2. (a) A physician and surgeon or dentist or their agents and by their direction may take skeletal X-rays of the child without the consent of the child’s parent or guardian, but only for purposes of diagnosing the case as one of possible child abuse or neglect and determining the extent of the child abuse or neglect. (b) Neither the physician-patient privilege nor the psychotherapist-patient privilege applies to information reported pursuant to this article in any court proceeding or administrative hearing. (Added by renumbering Section 11171 by Stats. 2002, Ch. 249, second Sec. 3. Effective January 1, 2003.)
11171.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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In certain child abuse investigations, a peace officer may seek a magistrate’s order for an X-ray without parental consent, the X-ray must be administered by specified medical professionals, and the county may charge parents or guardians for certain X-ray costs.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11171.5. (a) If a peace officer, in the course of an investigation of child abuse or neglect, has reasonable cause to believe that the child has been the victim of physical abuse, the officer may apply to a magistrate for an order directing that the victim be X-rayed without parental consent. Any X-ray taken pursuant to this subdivision shall be administered by a physician and surgeon or dentist or their agents. (b) With respect to the cost of an X-ray taken by the county coroner or at the request of the county coroner in suspected child abuse or neglect cases, the county may charge the parent or legal guardian of the child-victim the costs incurred by the county for the X-ray. (c) No person who administers an X-ray pursuant to this section shall be entitled to reimbursement from the county for any administrative cost that exceeds 5 percent of the cost of the X-ray. (Amended by Stats. 2000, Ch. 916, Sec. 30. Effective January 1, 2001.)
11172.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section gives immunity from civil or criminal liability for several child-abuse reporting-related acts, but false reports can create damages liability. It also lets eligible mandated reporters seek attorney’s fees and allows a court to award fees in a frivolous suit.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11172. (a) No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of their professional capacity or outside the scope of their employment. Any other person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by this article unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any person who makes a report of child abuse or neglect known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused. No person required to make a report pursuant to this article, nor any person taking photographs at their direction, shall incur any civil or criminal liability for taking photographs of a suspected victim of child abuse or neglect, or causing photographs to be taken of a suspected victim of child abuse or neglect, without parental consent, or for disseminating the photographs, images, or material with the reports required by this article. However, this section shall not be construed to grant immunity from this liability with respect to any other use of the photographs. (b) Any person, who, pursuant to a request from a government agency investigating a report of suspected child abuse or neglect, provides the requesting agency with access to the victim of a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of providing that access. (c) Any commercial computer technician, and any employer of any commercial computer technician, who, pursuant to a warrant from a law enforcement agency investigating a report of suspected child abuse or neglect, provides the law enforcement agency with a computer or computer component which contains possible evidence of a known or suspected instance of child abuse or neglect, shall not incur civil or criminal liability as a result of providing that computer or computer component to the law enforcement agency. (d) Any person who, in good faith, provides information or assistance, including medical evaluations or consultations, to an agency specified in Section 11165.9, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect under this article, shall not incur civil or criminal liability as a result of providing that information or assistance. This subdivision does not grant immunity from liability for an individual who is suspected of committing abuse or neglect of the child who is the subject of the report. (e) (1) The Legislature finds that even though it has provided immunity from liability to persons required or authorized to make reports pursuant to this article, that immunity does not eliminate the possibility that actions may be brought against those persons based upon required or authorized reports. In order to further limit the financial hardship that those persons may incur as a result of fulfilling their legal responsibilities, it is necessary that they not be unfairly burdened by legal fees incurred in defending those actions. Therefore, a mandated reporter may present a claim to the Department of General Services for reasonable attorney’s fees and costs incurred in any action against that person on the basis of making a report required or authorized by this article if the court has dismissed the action upon a demurrer or motion for summary judgment made by that person, or if they prevail in the action. The Department of General Services shall allow that claim if the requirements of this subdivision are met, and the claim shall be paid from an appropriation to be made for that purpose. Attorney’s fees awarded pursuant to this section shall not exceed an hourly rate greater than the rate charged by the Attorney General of the State of California at the time the award is made and shall not exceed an aggregate amount of fifty thousand dollars ($50,000). (2) This subdivision shall not apply if a public entity has provided for the defense of the action pursuant to Section 995 of the Government Code. (f) A court may award attorney’s fees and costs to a commercial film and photographic print processor when a suit is brought against the processor because of a disclosure mandated by this article and the court finds this suit to be frivolous. (Amended by Stats. 2019, Ch. 777, Sec. 17. (AB 819) Effective January 1, 2020.)
11174.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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The Department of Justice must, with the State Department of Social Services, issue regulations and guidelines for investigating abuse in out-of-home care, and ensure investigations follow them.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11174. The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of abuse in out-of-home care, as defined in Section 11165.5, and shall ensure that the investigation is conducted in accordance with the regulations and guidelines. (Amended by Stats. 1988, Ch. 269, Sec. 5.)
11174.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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The Department of Justice and the State Department of Social Services must set regulations and guidelines for investigating child abuse or neglect in licensed child-care facilities, and the Social Services department must also require training, written protocols, and staff orientation for certain facilities and inspectors.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11174.1. (a) The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of child abuse or neglect, as defined in Section 11165.6, in facilities licensed to care for children, and shall ensure that the investigation is conducted in accordance with the regulations and guidelines. (b) For community treatment facilities, day treatment facilities, group homes, and foster family agencies, the State Department of Social Services shall prescribe the following regulations: (1) Regulations designed to assure that all licensees and employees of community treatment facilities, day treatment facilities, group homes, and foster family agencies licensed to care for children have had appropriate training, as determined by the State Department of Social Services, in consultation with representatives of licensees, on the provisions of this article. (2) Regulations designed to assure the community treatment facilities, day treatment facilities, group homes, and foster family agencies licensed to care for children maintain a written protocol for the investigation and reporting of child abuse or neglect, as defined in Section 11165.6, alleged to have occurred involving a child placed in the facility. (c) The State Department of Social Services shall provide such orientation and training as it deems necessary to assure that its officers, employees, or agents who conduct inspections of facilities licensed to care for children are knowledgeable about the reporting requirements of this article and have adequate training to identify conditions leading to, and the signs of, child abuse or neglect, as defined in Section 11165.6. (Amended by Stats. 2000, Ch. 916, Sec. 32. Effective January 1, 2001.)
11174.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )
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This section lets a suspected child abuse or neglect victim be interviewed at school during school hours when investigators think it is necessary, and gives the child a choice to be interviewed privately or have a school staff adult present.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3] ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. ) ## 11174.3. (a) Whenever a representative of a government agency investigating suspected child abuse or neglect or the State Department of Social Services deems it necessary, a suspected victim of child abuse or neglect may be interviewed during school hours, on school premises, concerning a report of suspected child abuse or neglect that occurred within the child’s home or out-of-home care facility. The child shall be afforded the option of being interviewed in private or selecting any adult who is a member of the staff of the school, including any certificated or classified employee or volunteer aide, to be present at the interview. A representative of the agency investigating suspected child abuse or neglect or the State Department of Social Services shall inform the child of that right prior to the interview. The purpose of the staff person’s presence at the interview is to lend support to the child and enable him or her to be as comfortable as possible. However, the member of the staff so elected shall not participate in the interview. The member of the staff so present shall not discuss the facts or circumstances of the case with the child. The member of the staff so present, including, but not limited to, a volunteer aide, is subject to the confidentiality requirements of this article, a violation of which is punishable as specified in Section 11167.5. A representative of the school shall inform a member of the staff so selected by a child of the requirements of this section prior to the interview. A staff member selected by a child may decline the request to be present at the interview. If the staff person selected agrees to be present, the interview shall be held at a time during school hours when it does not involve an expense to the school. Failure to comply with the requirements of this section does not affect the admissibility of evidence in a criminal or civil proceeding. (b) The Superintendent of Public Instruction shall notify each school district and each agency specified in Section 11165.9 to receive mandated reports, and the State Department of Social Services shall notify each of its employees who participate in the investigation of reports of child abuse or neglect, of the requirements of this section. (Amended by Stats. 2000, Ch. 916, Sec. 33. Effective January 1, 2001.)
11174.32.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. )
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Counties may create child death review teams and autopsy protocols, and child death review teams must publish annual public findings while keeping certain information confidential.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. ) ## 11174.32. (a) Each county may establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Interagency child death review teams have been used successfully to ensure that incidents of child abuse or neglect are recognized and other siblings and nonoffending family members receive the appropriate services in cases where a child has expired. (b) Each county may develop a protocol that may be used as a guideline by persons performing autopsies on children to assist coroners and other persons who perform autopsies in the identification of child abuse or neglect, in the determination of whether child abuse or neglect contributed to death or whether child abuse or neglect had occurred prior to but was not the actual cause of death, and in the proper written reporting procedures for child abuse or neglect, including the designation of the cause and mode of death. (c) In developing an interagency child death review team and an autopsy protocol, each county, working in consultation with local members of the California State Coroners Association and county child abuse prevention coordinating councils, may solicit suggestions and final comments from persons, including, but not limited to, the following: (1) Experts in the field of forensic pathology. (2) Pediatricians with expertise in child abuse. (3) Coroners and medical examiners. (4) Criminologists. (5) District attorneys. (6) Child protective services staff. (7) Law enforcement personnel. (8) Representatives of local agencies which are involved with child abuse or neglect reporting. (9) County health department staff who deals with children’s health issues. (10) Local professional associations of persons described in paragraphs (1) to (9), inclusive. (d) Records exempt from disclosure to third parties pursuant to state or federal law shall remain exempt from disclosure when they are in the possession of a child death review team. (e) Written and oral information pertaining to the child's death as requested by a child death review team may be disclosed to a child death review team established pursuant to this section. The team may make a request, in writing, for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team. (1) An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information. (2) The following information may be disclosed pursuant to this subdivision: (A) Notwithstanding Section 56.10 of the Civil Code, medical information, unless disclosure is prohibited by federal law. (B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information. (C) Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of the person making the report, which shall not be disclosed. (D) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11105, 11075, and 13300, respectively. (E) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct. (F) Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law. (3) Written or oral information disclosed to a child death review team pursuant to this subdivision shall remain confidential, and shall not be subject to disclosure or discovery by a third party unless otherwise required by law. (f) (1) No less than once each year, each child death review team shall make available to the public findings, conclusions, and recommendations of the team, including aggregate statistical data on the incidences and causes of child deaths. (2) In its report, the child death review team shall withhold the last name of the child that is subject to a review or the name of the deceased child’s siblings unless the name has been publicly disclosed or is required to be disclosed by state law, federal law, or court order. (Amended by Stats. 2017, Ch. 561, Sec. 195. (AB 1516) Effective January 1, 2018.)
11174.33.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. )
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The Attorney General must develop a child death review team protocol, subject to available funding, and complete it by January 1, 1991.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. ) ## 11174.33. Subject to available funding, the Attorney General, working with the California Consortium of Child Abuse Councils, shall develop a protocol for the development and implementation of interagency child death teams for use by counties, which shall include relevant procedures for both urban and rural counties. The protocol shall be designed to facilitate communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases so that incidents of child abuse or neglect are recognized and other siblings and nonoffending family members receive the appropriate services in cases where a child has expired. The protocol shall be completed on or before January 1, 1991. (Added by renumbering Section 11166.8 by Stats. 2004, Ch. 842, Sec. 12. Effective January 1, 2005.)
11174.34.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. )
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This section sets up child death review coordination, reporting, data sharing, tracking, training, and cross-reporting duties for specified California agencies and local child death review teams.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. ) ## 11174.34. (a) (1) The purpose of this section shall be to coordinate and integrate state and local efforts to address fatal child abuse or neglect, and to create a body of information to prevent child deaths. (2) It is the intent of the Legislature that the California State Child Death Review Council, the Department of Justice, the State Department of Social Services, the State Department of Health Services, and state and local child death review teams shall share data and other information necessary from the Department of Justice Child Abuse Central Index and Supplemental Homicide File, the State Department of Health Services Vital Statistics and the Department of Social Services statewide child welfare information system files to establish accurate information on the nature and extent of child abuse- or neglect-related fatalities in California as those documents relate to child fatality cases. Further, it is the intent of the Legislature to ensure that records of child abuse- or neglect-related fatalities are entered into the State Department of Social Services, statewide child welfare information system. It is also the intent that training and technical assistance be provided to child death review teams and professionals in the child protection system regarding multiagency case review. (b) (1) It shall be the duty of the California State Child Death Review Council to oversee the statewide coordination and integration of state and local efforts to address fatal child abuse or neglect and to create a body of information to prevent child deaths. The Department of Justice, the State Department of Social Services, the State Department of Health Care Services, the California Coroner’s Association, the County Welfare Directors Association, Prevent Child Abuse California, the California Homicide Investigators Association, the Office of Emergency Services, the Inter-Agency Council on Child Abuse and Neglect/National Center on Child Fatality Review, the California Conference of Local Health Officers, the California Conference of Local Directors of Maternal, Child, and Adolescent Health, the California Conference of Local Health Department Nursing Directors, the California District Attorneys Association, and at least three regional representatives, chosen by the other members of the council, working collaboratively for the purposes of this section, shall be known as the California State Child Death Review Council. The council shall select a chairperson or cochairpersons from the members. (2) The Department of Justice is hereby authorized to carry out the purposes of this section by coordinating council activities and working collaboratively with the agencies and organizations in paragraph (1), and may consult with other representatives of other agencies and private organizations, to help accomplish the purpose of this section. (c) Meetings of the agencies and organizations involved shall be convened by a representative of the Department of Justice. All meetings convened between the Department of Justice and any organizations required to carry out the purpose of this section shall take place in this state. There shall be a minimum of four meetings per calendar year. (d) To accomplish the purpose of this section, the Department of Justice and agencies and organizations involved shall engage in the following activities: (1) Analyze and interpret state and local data on child death in an annual report to be submitted to local child death review teams with copies to the Governor and the Legislature, no later than July 1 each year. Copies of the report shall also be distributed to public officials in the state who deal with child abuse issues and to those agencies responsible for child death investigation in each county. The report shall contain, but not be limited to, information provided by state agencies and the county child death review teams for the preceding year. The state data shall include the Department of Justice Child Abuse Central Index and Supplemental Homicide File, the State Department of Health Services Vital Statistics, and the State Department of Social Services statewide child welfare information system. (2) In conjunction with the Office of Emergency Services, coordinate statewide and local training for county death review teams and the members of the teams, including, but not limited to, training in the application of the interagency child death investigation protocols and procedures established under Sections 11166.7 and 11166.8 to identify child deaths associated with abuse or neglect. (e) The State Department of Public Health, in collaboration with the California State Child Death Review Council, shall design, test and implement a statewide child abuse or neglect fatality tracking system incorporating information collected by local child death review teams. The department shall: (1) Establish a minimum case selection criteria and review protocols of local child death review teams. (2) Develop a standard child death review form with a minimum core set of data elements to be used by local child death review teams, and collect and analyze that data. (3) Establish procedural safeguards in order to maintain appropriate confidentiality and integrity of the data. (4) Conduct annual reviews to reconcile data reported to the State Department of Health Services Vital Statistics, Department of Justice Homicide Files and Child Abuse Central Index, and the State Department of Social Services statewide child welfare information system data systems, with data provided from local child death review teams. (5) Provide technical assistance to local child death review teams in implementing and maintaining the tracking system. (6) This subdivision shall become operative on July 1, 2000, and shall be implemented only to the extent that funds are appropriated for its purposes in the Budget Act. (f) Local child death review teams shall participate in a statewide child abuse or neglect fatalities monitoring system by: (1) Meeting the minimum standard protocols set forth by the State Department of Public Health in collaboration with the California State Child Death Review Council. (2) Using the standard data form to submit information on child abuse or neglect fatalities in a timely manner established by the State Department of Public Health. (g) The California State Child Death Review Council shall monitor the implementation of the monitoring system and incorporate the results and findings of the system and review into an annual report. (h) The Department of Justice shall direct the creation, maintenance, updating, and distribution electronically and by paper, of a statewide child death review team directory, which shall contain the names of the members of the agencies and private organizations participating under this section, and the members of local child death review teams and local liaisons to those teams. The department shall work in collaboration with members of the California State Child Death Review Council to develop a directory of professional experts, resources, and information from relevant agencies and organizations and local child death review teams, and to facilitate regional working relationships among teams. The Department of Justice shall maintain and update these directories annually. (i) The agencies or private organizations participating under this section shall participate without reimbursement from the state. Costs incurred by participants for travel or per diem shall be borne by the participant agency or organization. The participants shall be responsible for collecting and compiling information to be included in the annual report. The Department of Justice shall be responsible for printing and distributing the annual report using available funds and existing resources. (j) The Office of Emergency Services, in coordination with the State Department of Social Services, the Department of Justice, and the California State Child Death Review Council shall contract with state or nationally recognized organizations in the area of child death review to conduct statewide training and technical assistance for local child death review teams and relevant organizations, develop standardized definitions for fatal child abuse or neglect, develop protocols for the investigation of fatal child abuse or neglect, and address relevant issues such as grief and mourning, data collection, training for medical personnel in the identification of child abuse or neglect fatalities, domestic violence fatality review, and other related topics and programs. The provisions of this subdivision shall only be implemented to the extent that the agency can absorb the costs of implementation within its current funding, or to the extent that funds are appropriated for its purposes in the Budget Act. (k) Law enforcement and child welfare agencies shall cross-report all cases of child death suspected to be related to child abuse or neglect whether or not the deceased child has any known surviving siblings. (l) County child welfare agencies shall create a record in the statewide child welfare information system on all cases of child death suspected to be related to child abuse or neglect, whether or not the deceased child has any known surviving siblings. Upon notification that the death was determined not to be related to child abuse or neglect, the child welfare agency shall enter that information into the statewide child welfare information system. (Amended by Stats. 2022, Ch. 50, Sec. 11. (SB 187) Effective June 30, 2022.)
11174.35.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. )
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State agencies must work with child death review and child protective services teams, use findings to assess abuse or neglect fatalities and training needs, and develop and submit a child-death data plan by December 1, 1997.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.6. Child Death Review Teams [11174.32 - 11174.35] ( Article 2.6 heading added by Stats. 2004, Ch. 842, Sec. 22. ) ## 11174.35. The State Department of Social Services shall work with state and local child death review teams and child protective services agencies in order to identify child death cases that were, or should have been, reported to or by county child protective services agencies. Findings made pursuant to this section shall be used to determine the extent of child abuse or neglect fatalities occurring in families known to child protective services agencies and to define child welfare training needs for reporting, cross-reporting, data integration, and involvement by child protective services agencies in multiagency review in child deaths. The State Department of Social Services, the State Department of Health Services, and the Department of Justice shall develop a plan to track and maintain data on child deaths from abuse or neglect, and submit this plan, not later than December 1, 1997, to the Senate Committee on Health and Human Services, the Assembly Committee on Human Services, and the chairs of the fiscal committees of the Legislature. (Added by renumbering Section 11166.95 by Stats. 2004, Ch. 842, Sec. 14. Effective January 1, 2005.)
11174.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. )
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This section defines “elder” and “abuse” for the article, and excludes certain reasonable and necessary force by a peace officer from the definition of abuse.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. ) ## 11174.4. The following definitions shall govern the construction of this article, unless the context requires otherwise: (a) “Elder” means any person who is 65 years of age or older. (b) (1) “Abuse” means any of the conduct described in Article 2 (commencing with Section 15610) of Chapter 11 of Part 3 of Division 9 of the Welfare and Institutions Code. (2) Abuse does not include the use of any reasonable and necessary force that may result in an injury used by a peace officer acting within the course of his or her employment as a peace officer. (Amended (as added by Stats. 2001, Ch. 301) by Stats. 2002, Ch. 664, Sec. 174. Effective January 1, 2003.)
11174.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. )
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Each county may create an elder and dependent adult death review team and may develop a related autopsy/reporting protocol.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. ) ## 11174.5. (a) Each county may establish an interagency elder and dependent adult death review team to assist local agencies in identifying and reviewing suspicious elder and dependent adult deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in elder and dependent adult abuse or neglect cases. (b) Each county may develop a protocol that may be used as a guideline by persons performing autopsies on elders and dependent adults to assist coroners and other persons who perform autopsies in the identification of elder and dependent adult abuse or neglect, in the determination of whether elder or dependent adult abuse or neglect contributed to death or whether elder or dependent adult abuse or neglect had occurred prior to, but was not the actual cause of, death, and in the proper written reporting procedures for elder and dependent adult abuse or neglect, including the designation of the cause and mode of death. (c) As used in this section, the term “dependent adult” has the same meaning as in Section 368, and applies regardless of whether the person lived independently. (Amended by Stats. 2010, Ch. 617, Sec. 6. (SB 110) Effective January 1, 2011.)
11174.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. )
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County elder death review teams may include a broad range of professionals and staff listed in the section.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. ) ## 11174.6. County elder death review teams may be comprised of, but not limited to, the following: (a) Experts in the field of forensic pathology. (b) Medical personnel with expertise in elder abuse and neglect. (c) Coroners and medical examiners. (d) District attorneys and city attorneys. (e) County or local staff including, but not limited to: (1) Adult protective services staff. (2) Public administrator, guardian, and conservator staff. (3) County health department staff who deal with elder health issues. (4) County counsel. (f) County and state law enforcement personnel. (g) Local long-term care ombudsman. (h) Community care licensing staff and investigators. (i) Geriatric mental health experts. (j) Criminologists. (k) Representatives of local agencies that are involved with oversight of adult protective services and reporting elder abuse or neglect. (l) Local professional associations of persons described in subdivisions (a) to (k), inclusive. (Added by Stats. 2001, Ch. 301, Sec. 2. Effective January 1, 2002.)
11174.7.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. )
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Certain communications and documents tied to an elder and dependent adult death review are confidential and generally cannot be disclosed or discovered by third parties.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. ) ## 11174.7. (a) An oral or written communication or a document shared within or produced by an elder and dependent adult death review team related to an elder or dependent adult death review is confidential and not subject to disclosure or discoverable by another third party. (b) An oral or written communication or a document provided by a third party to an elder and dependent adult death review team, or between a third party and an elder and dependent adult death review team, is confidential and not subject to disclosure or discoverable by a third party. (c) Notwithstanding subdivisions (a) and (b), recommendations of an elder and dependent adult death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the elder and dependent adult death review team. (Amended by Stats. 2010, Ch. 617, Sec. 7. (SB 110) Effective January 1, 2011.)
11174.8.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. )
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This section lets elder death review teams share certain information and allows specified information to be disclosed to the team, while keeping shared information confidential.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. ) ## 11174.8. (a) Each organization represented on an elder death review team may share with other members of the team information in its possession concerning the decedent who is the subject of the review or any person who was in contact with the decedent and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. The intent of this subdivision is to permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other provision of law. (b) (1) Written and oral information may be disclosed to an elder death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (3) may rely on the request in determining whether information may be disclosed to the team. (2) No individual or agency that has information governed by this subdivision shall be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information. (3) The following information may be disclosed pursuant to this subdivision: (A) Notwithstanding Section 56.10 of the Civil Code, medical information. (B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information. (C) Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed. (D) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300. (E) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct. (F) Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10, as well as the information on which these reports are based. (G) Notwithstanding Section 10825 of the Welfare and Institutions Code, records relating to in-home supportive services, unless disclosure is prohibited by federal law. (c) Written and oral information may be disclosed under this section notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, and the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code. (Added by Stats. 2001, Ch. 301, Sec. 2. Effective January 1, 2002.)
11174.9.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. )
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The county must use elder death review team information and recommendations to develop education, prevention, and, if needed, prosecution strategies.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 2.7. Elder and Dependent Adult Death Review Teams [11174.4 - 11174.9] ( Heading of Article 2.7 amended by Stats. 2010, Ch. 617, Sec. 5. ) ## 11174.9. Information gathered by the elder death review team and any recommendations made by the team shall be used by the county to develop education, prevention, and if necessary, prosecution strategies that will lead to improved coordination of services for families and the elder population. (Added by Stats. 2001, Ch. 301, Sec. 2. Effective January 1, 2002.)
11175.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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This article may be cited as the Uniform Act for Out-of-State Probationer or Parolee Supervision.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11175. This article may be cited as the Uniform Act for Out-of-State Probationer or Parolee Supervision. (Amended by Stats. 1955, Ch. 309.)
11176.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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The Governor is authorized and directed to enter into interstate compacts on behalf of the State with states that legally join them.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11176. Pursuant to the authority vested in this State by that certain act of Congress, approved June 6, 1934, and entitled “An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime, and for other purposes,” the Governor is hereby authorized and directed to enter into a compact or compacts on behalf of this State with any of the United States legally joining therein. (Added by Stats. 1953, Ch. 1384.)
11177.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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This section sets out a compact for interstate supervision of probationers and parolees, including when a sending state may let a person live in another state, how the receiving state must supervise them, and how retaking, transportation, ratification, and withdrawal work.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11177. The compact or compacts authorized by Section 11176 shall be in substantially the following form: A compact entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled “An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes.” The contracting states solemnly agree: (1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called “sending state”), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called “receiving state”) while on probation or parole, if (a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there; (b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there. Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted. (2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees. (3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state. If at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. (4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference. (5) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact. (6) That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within such state, the form of ratification to be in accordance with the laws of the ratifying state. (7) That this compact shall continue in force and remain binding upon each ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending six months’ notice in writing of its intention to withdraw from the compact to the other states party hereto. (Added by Stats. 1953, Ch. 1384.)
11177.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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Before return to the sending state, a probationer or parolee has a right to counsel and a hearing; the magistrate must also handle documents and set time limits for habeas corpus requests in specified situations.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11177.1. (a) Before a probationer or parolee may be returned to the sending state under this compact, he shall have a right to counsel and to a hearing before a magistrate to determine whether he is in fact a probationer or parolee who was allowed to reside in this or any other state pursuant to this compact, whether his return to the sending state has been ordered, and whether there is probable cause to believe he is the same person whose return is sought. At the hearing, the magistrate shall accept certified copies of probation or parole documents showing that this compact has been invoked and that the probationer or parolee has been ordered returned to the sending state, and these documents shall constitute conclusive proof of their contents. If the magistrate concludes that the probationer or parolee is subject to the terms of this compact, an order shall be issued forthwith directing the delivery to the sending state of the probationer or parolee. (b) If the probationer or parolee or his counsel desires to test the legality of the order issued under subdivision (a), the magistrate shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. If the writ is denied and probable cause appears for an application for a writ of habeas corpus to another court, or justice or judge thereof, the order denying the writ shall fix a reasonable time within which the accused may again apply for a writ of habeas corpus. (Added by Stats. 1983, Ch. 793, Sec. 11.)
11177.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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A Governor-designated officer may deputize a person employed by another state to help return parole or probation violators to this State.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11177.5. The officer designated by the Governor pursuant to subdivision 5 of Section 11177 of this code may deputize any person regularly employed by another state to act as an officer and agent of this State in effecting the return of any person who has violated the terms and conditions of parole or probation as granted by this State. In any matter relating to the return of such a person, any agent so deputized shall have all the powers of a police officer of this State. Any deputization pursuant to this section shall be in writing and any person authorized to act as an agent of this State pursuant hereto shall carry formal evidence of his deputization and shall produce the same upon demand. (Added by Stats. 1955, Ch. 657.)
11177.6.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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A Governor-designated officer may, with approval from the Department of General Services, make contracts with officials of other states to share the cost of returning parole or probation violators.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11177.6. The officer designated by the Governor pursuant to subdivision 5 of Section 11177 of this code may, subject to the approval of the Department of General Services, enter into contracts with similar officials of any other state or states for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the terms and conditions of parole or probation as granted by this state. (Amended by Stats. 1965, Ch. 371.)
11178.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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If part of this article is held unconstitutional, the rest of the act remains valid.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11178. If any portion of this article is held unconstitutional, such decision shall not affect the validity of any other portions of this act. (Added by Stats. 1953, Ch. 1384.)
11179.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. )
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This article and compacts made under it must be treated as separate from California laws on extradition of fugitives from justice.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision [11175 - 11179] ( Article 3 added by Stats. 1953, Ch. 1384. ) ## 11179. This article and compacts made pursuant thereto shall be construed as separate and distinct from any act or acts of this State relating to the extradition of fugitives from justice. (Added by Stats. 1953, Ch. 1384.)
1118.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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In a court trial without a jury, the court must grant an acquittal motion and enter judgment of acquittal when, after the prosecution rests, the court finds the defendant not guilty. If that motion is denied, the defendant may still present evidence without first reserving that right.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1118. In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its own motion shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading after the evidence of the prosecution has been closed if the court, upon weighing the evidence then before it, finds the defendant not guilty of such offense or offenses. If such a motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without first having reserved that right. (Repealed and added by Stats. 1967, Ch. 256.)
1118.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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In a jury trial, the court must enter a judgment of acquittal for one or more charged offenses if the evidence is insufficient, and it may do so on the defendant’s motion or on its own motion.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1118.1. In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is submitted to the jury for decision, shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading if the evidence then before the court is insufficient to sustain a conviction of such offense or offenses on appeal. If such a motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without first having reserved that right. (Added by Stats. 1967, Ch. 256.)
1118.2.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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A judgment of acquittal under Section 1118 or 1118.1 cannot be appealed and blocks another prosecution for the same offense.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1118.2. A judgment of acquittal entered pursuant to the provisions of Section 1118 or 1118.1 shall not be appealable and is a bar to any other prosecution for the same offense. (Added by Stats. 1967, Ch. 256.)
11180.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3.5. Interstate Compact for Adult Offender Supervision [11180 - 11181] ( Article 3.5 added by Stats. 2000, Ch. 658, Sec. 1. )
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This section enacts the Interstate Compact for Adult Offender Supervision and sets up the interstate commission and state councils to manage offender supervision across state lines.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3.5. Interstate Compact for Adult Offender Supervision [11180 - 11181] ( Article 3.5 added by Stats. 2000, Ch. 658, Sec. 1. ) ## 11180. The Interstate Compact for Adult Offender Supervision as contained herein is hereby enacted into law and entered into on behalf of the state with any and all other states legally joining therein in a form substantially as follows: Preamble Whereas:The interstate compact for the supervision of Parolees and Probationers was established in 1937. It is the earliest corrections “compact” established among the states and has not been amended since its adoption over 62 years ago. Whereas:This compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines and it currently has jurisdiction over more than a quarter of a million offenders. Whereas:The complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements, and sex offender registration. Whereas:After hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability. Whereas:Upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the Legislature to repeal the previous Interstate Compact for the Supervision of Parolees and Probationers as to those states that have ratified this compact. Be it enacted by the General Assembly (Legislature) of the state of California. Short title:This Act may be cited as The Interstate Compact for Adult Offender Supervision. Article I.Purpose The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the Bylaws and Rules of this compact to travel across state lines both to and from each compacting state in a manner so as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits, and obligations of the compact among the compacting states. In addition, this compact will: create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in these types of activities. The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and Bylaws and Rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business. Article II.Definitions As used in this compact, unless the context clearly requires a different construction: “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. “By-laws” mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct. “Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. “Compacting state” means any state which has enacted the enabling legislation for this compact. “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact. “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact. “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner. “Non Compacting state” means any state which has not enacted the enabling legislation for this compact. “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private. “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states. “State” means a state of the United States, the District of Columbia, and any other territorial possessions of the United States. “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact. Article III.The Compact Commission The compacting states hereby create the “Interstate Commission for Adult Offender Supervision.” The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and whatever additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. The Interstate Commission shall consist of Commissioners selected and appointed by resident members of the State Council for Interstate Adult Offender Supervision for each state. In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; these noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting) members. The Interstate Commission may provide in its by-laws for these additional, ex-officio, nonvoting members as it deems necessary. Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. The Interstate Commission shall establish an Executive Committee which shall include commission officers, members and others as shall be determined by the By-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by the Commission or set forth in the By-laws. Article IV.The State Council Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in this capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state. Article V.Powers and Duties of the Interstate Commission The Interstate Commission shall have the following powers: To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission. To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission. To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including, but not limited to, the use of judicial process. To establish and maintain offices. To purchase and maintain insurance and bonds. To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed. To establish a budget and make expenditures and levy dues as provided in Article X of this compact. To sue and be sued. To provide for dispute resolution among Compacting States. To perform whatever functions as may be necessary or appropriate to achieve the purposes of this compact. To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. These reports shall also include any recommendations that may have been adopted by the Interstate Commission. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in these activities. To establish uniform standards for the reporting, collecting, and exchanging of data. Article VI.Organization and Operation of the Interstate Commission Section A.By-laws The Interstate Commission shall, by a majority of the Members, within twelve months of the first Interstate Commission meeting, adopt By-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to: Establishing the fiscal year of the Interstate Commission. Establishing an executive committee and other committees as may be necessary. Providing reasonable standards and procedures: (i) For the establishment of committees. (ii) Governing any general or specific delegation of any authority or function of the Interstate Commission; providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each meeting; establishing the titles and responsibilities of the officers of the Interstate Commission; providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the By-laws shall exclusively govern the personnel policies and programs of the Interstate Commission; and providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; providing transition rules for “start up” administration of the compact; establishing standards and procedures for compliance and technical assistance in carrying out the compact. Section B.Officers and Staff The Interstate Commission shall, by a majority of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have authorities and duties as may be specified in the By-laws. The chairperson, or in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The Officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for a period, upon terms and conditions and for compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise other staff as may be authorized by the Interstate Commission, but shall not be a member. Section C.Corporate Records of the Interstate Commission The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws. Section D.Qualified Immunity, Defense and Indemnification The Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect anyone from suit and/or liability for any damage, loss, injury or liability caused by their intentional or willful and wanton misconduct. The Interstate Commission shall defend the Commissioner of a Compacting State, or his or her representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of that person. The Interstate Commission shall indemnify and hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against any person arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided, that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of the person. Article VII.Activities of the Interstate Commission The Interstate Commission shall meet and take whatever actions as are consistent with the provisions of this Compact. Except as otherwise provided in this Compact and unless a greater percentage is required by the By-laws, in order to constitute an act of the Interstate Commission, the act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present. Each Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The By-laws may provide for Members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person. The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the Members, shall call additional meetings. The Interstate Commission’s By-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating the Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate Rules consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: Relate solely to the Interstate Commission’s internal personnel practices and procedures. Disclose matters specifically exempted from disclosure by statute. Disclose trade secrets or commercial or financial information which is privileged or confidential. Involve accusing any person of a crime, or formally censuring any person. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy. Disclose investigatory records compiled for law enforcement purposes. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of the entity. Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity. Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding. For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflected in the vote of each Member on the question). All documents considered in connection with any action shall be identified in the minutes. The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its By-laws and Rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Article VIII.Rulemaking Functions of the Interstate Commission The Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rulemaking shall occur pursuant to the criteria set forth in this Article and the By-laws and Rules adopted pursuant thereto. Rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter “APA”). All Rules and amendments shall become binding as of the date specified in each Rule or amendment. If a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the Rule shall have no further force and effect in any Compacting State. When promulgating a Rule, the Interstate Commission shall: Publish the proposed Rule stating with particularity the text of the Rule which is proposed and the reason for the proposed Rule. Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available. Provide an opportunity for an informal hearing. Promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record. Not later than sixty days after a Rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of the Rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the Rule unlawful and set it aside. Subjects to be addressed within 12 months after the first meeting must at a minimum include: Notice to victims and opportunity to be heard. Offender registration and compliance. Violations/returns. Transfer procedures and forms. Eligibility for transfer. Collection of restitution and fees from offenders. Data collection and reporting. The level of supervision to be provided by the receiving state. Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact. Mediation, arbitration and dispute resolution. The existing rules governing the operation of the previous compact superseded by this Act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder. Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. Article IX.Oversight, Enforcement, and Dispute Resolution by the Interstate Commission Section A.Oversight The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor the activities being administered in Non-compacting States which may significantly affect Compacting States. The courts and executive agencies in each Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a Compacting State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes. Section B.Dispute Resolution The Compacting States shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among Compacting States and Non-compacting States. The Interstate Commission shall enact a By-law or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States. Section C.Enforcement The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, of this compact. Article X.Finance The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. The Interstate Commission shall levy on and collect an annual assessment from each Compacting State to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each Compacting State and shall promulgate a Rule binding upon all Compacting States which governs said assessment. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its By-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. Article XI.Compacting States, Effective Date and Amendment Any state, as defined in Article II of this compact, is eligible to become a Compacting State. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the States. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the 35th jurisdiction. Thereafter, it shall become effective and binding, as to any other Compacting State, upon enactment of the Compact into law by that State. The governors of Non-member states or their designees will be invited to participate in Interstate Commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States. Amendments to the Compact may be proposed by the Interstate Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Interstate Commission and the Compacting States unless and until it is enacted into law by unanimous consent of the Compacting States. Article XII.Withdrawal, Default, Termination, and Judicial Enforcement Section A.Withdrawal Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact (“Withdrawing State”) by enacting a statute specifically repealing the statute which enacted the Compact into law. The effective date of withdrawal is the effective date of the repeal. The Withdrawing State shall immediately notify the Chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. The Interstate Commission shall notify the other Compacting States of the Withdrawing State’s intent to withdraw within 60 days of its receipt thereof. The Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any Compacting State shall occur upon the Withdrawing State reenacting the Compact or upon a later date as determined by the Interstate Commission. Section B.Default If the Interstate Commission determines that any Compacting State has at any time defaulted (“Defaulting State”) in the performance of any of its obligations or responsibilities under this Compact, the By-laws or any duly promulgated Rules the Interstate Commission may impose any or all of the following penalties: Fines, fees and costs in amounts as are deemed to be reasonable as fixed by the Interstate Commission. Remedial training and technical assistance as directed by the Interstate Commission; suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the By-laws and Rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council. The grounds for default include, but are not limited to, failure of a Compacting State to perform the obligations or responsibilities imposed upon it by this compact, Interstate Commission By-laws, or duly promulgated Rules. The Interstate Commission shall immediately notify the Defaulting State in writing of the penalty imposed by the Interstate Commission on the Defaulting State pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Compacting States and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a Defaulting State, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer and the Majority and Minority Leaders of the Defaulting State’s legislature and the state council of the termination. The Defaulting State is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. The Interstate Commission shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission and the Defaulting State. Reinstatement following termination of any Compacting State requires both a reenactment of the Compact by the Defaulting State and the approval of the Interstate Commission pursuant to the Rules. Section C.Judicial Enforcement The Interstate Commission may, by majority vote of the Members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the Compact, its duly promulgated Rules and By-laws, against any Compacting State in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all litigation costs including reasonable attorneys fees. Section D.Dissolution of Compact The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the By-laws. Article XIII.Severability and Construction The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. The provisions of this Compact shall be liberally constructed to effectuate its purposes. Article XIV.Binding Effect of Compact and Other Laws Section A.Other Laws Nothing herein prevents the enforcement of any other law of a Compacting State that is not inconsistent with this Compact. All Compacting States’ laws conflicting with this Compact are superseded to the extent of the conflict. Section B.Binding Effect of the Compact All lawful actions of the Interstate Commission, including all Rules and By-laws promulgated by the Interstate Commission, are binding upon the Compacting States. All agreements between the Interstate Commission and the Compacting States are binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the Compacting States, the Interstate Commission may issue advisory opinions regarding meaning or interpretation. In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by the provision upon the Interstate Commission shall be ineffective and the obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective. (Amended by Stats. 2011, Ch. 296, Sec. 223. (AB 1023) Effective January 1, 2012.)
11181.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3.5. Interstate Compact for Adult Offender Supervision [11180 - 11181] ( Article 3.5 added by Stats. 2000, Ch. 658, Sec. 1. )
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This section creates the California Council for Interstate Adult Offender Supervision and sets out its membership, appointment process, terms, pay rules, and reporting duties.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 3.5. Interstate Compact for Adult Offender Supervision [11180 - 11181] ( Article 3.5 added by Stats. 2000, Ch. 658, Sec. 1. ) ## 11181. (a) There is hereby established the California Council for Interstate Adult Offender Supervision. (b) The council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities, and other duties as may be determined by the Legislature or Governor, including but not limited to, development of policy concerning operations and procedures of the compact within the state. (c) There shall be seven members of the council. The Director of Corrections, or his or her designee, shall be a member and serve as the commissioner, who shall represent California and serve on the Interstate Commission for Adult Offender Supervision. The commissioner shall also be the Compact Administrator for the State of California for purposes of the Interstate Compact for Adult Offender Supervision. The Governor shall appoint three members, one of whom shall represent victims rights groups, and one of whom shall represent chief probation officers. One member each shall be appointed by the Senate Committee on Rules and the Speaker of the Assembly. The Judicial Council shall appoint one superior court judge as a member. (d) With the exception of the commissioner, each member of the council shall serve for a term of four years. Council members shall not be compensated, except for reasonable per diem expenses related to their work for council purposes. (e) The council shall, not later than July 1, 2005, submit a report to the Legislature on the status of implementing the Interstate Compact for Adult Offender Supervision in California. The report shall clearly differentiate the role and responsibilities of the state Compact Administrator from local supervisory agencies and shall articulate the interdependence between the state Compact Administrator and other related entities, including, but not limited to, local supervisory agencies. Additionally, the report shall identify the process by which the State Council communicates with county probation offices and Superior courts to ensure the state’s compliance with the Interstate Compact for Adult Offender Supervision. (Amended by Stats. 2002, Ch. 1078, Sec. 2. Effective January 1, 2003.)
11189.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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This section adopts the Interstate Corrections Compact and sets rules for sending inmates to other party states, reporting, hearings, withdrawal, and related rights and duties.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11189. The Interstate Corrections Compact as set forth in this section is hereby adopted and entered into with all other jurisdictions joining therein. The provisions of the interstate compact are as follows: INTERSTATE CORRECTIONS COMPACT This section may be cited as the Interstate Corrections Compact. The Interstate Corrections Compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: Interstate Corrections Compact Article I Purpose and Policy The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. Article II Definitions As used in this compact, unless the context clearly requires otherwise: (a) “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) “Sending state” means a state party to this compact in which conviction or court commitment was had. (c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had. (d) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution. (e) “Institution” means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined. Article III Contracts (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: 1. Its duration. 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance. 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom. 4. Delivery and retaking of inmates. 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. Article IV Procedures and Rights (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. Article V Acts Not Reviewable in Receiving State: Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. Article VI Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor. Article VII Entry Into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state. Article VIII Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact. Article IX Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. Article X Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (Added by Stats. 1976, Ch. 667.)
1119.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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The court may send the jury to view a relevant place or property, and the officer escorting them must prevent any communication about the trial and return them promptly.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1119. When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, or any personal property which has been referred to in the evidence and cannot conveniently be brought into the courtroom, it may order the jury to be conducted in a body, in the custody of the sheriff or marshal, as the case may be, to the place, or to the property, which must be shown to them by a person appointed by the court for that purpose; and the officer must be sworn to suffer no person to speak or communicate with the jury, nor to do so himself or herself, on any subject connected with the trial, and to return them into court without unnecessary delay, or at a specified time. (Amended by Stats. 1996, Ch. 872, Sec. 119. Effective January 1, 1997.)
11190.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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This section enacts the Western Interstate Corrections Compact and sets rules for interstate inmate confinement, transfers, reports, hearings, and withdrawal.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11190. The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this State with any and all other states legally joining therein in a form substantially as follows: Western Interstate Corrections Compact Article I Purpose and Policy The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of co-operation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of co-operation for the confinement, treatment and rehabilitation of offenders. Article II Definitions As used in this compact, unless the context clearly requires otherwise: (a) “State” means a state of the United States, or, subject to the limitation contained in Article VII, Guam. (b) “Sending state” means a state party to this compact in which conviction was had. (c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had. (d) “Inmate” means a male or female offender who is under sentence to or confined in a prison or other correctional institution. (e) “Institution” means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined. Article III Contracts (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: 1. Its duration. 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance. 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on accounts thereof; and the crediting of proceeds from or disposal of any products resulting therefrom. 4. Delivery and retaking of inmates. 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific per centum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract. (c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. Article IV Procedures and Rights (a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. Article V Acts Not Reviewable in Receiving State; Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. Article VI Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor. Article VII Entry Into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purpose of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the States of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington. Article VIII Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact. Article IX Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of co-operative institutional arrangements. Article X Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (Added by Stats. 1961, Ch. 1397.)
11191.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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Courts and certain state officers may transfer inmates under interstate corrections contracts. An inmate sentenced under California law cannot be transferred out of state without written consent, has a right to consult an attorney before consenting, and may revoke consent after more than five years.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11191. (a) Any court or other agency or officer of this state having power to commit or transfer an inmate, as defined in Article II(d) of the Interstate Corrections Compact or of the Western Interstate Corrections Compact, to any institution for confinement may commit or transfer that inmate to any institution within or outside of this state if this state has entered into a contract or contracts for the confinement of inmates in that institution pursuant to Article III of the Interstate Corrections Compact or of the Western Interstate Corrections Compact. (b) No inmate sentenced under California law may be committed or transferred to an institution outside of this state, unless he or she has executed a written consent to the transfer. The inmate shall have the right to a private consultation with an attorney of his choice, or with a public defender if the inmate cannot afford counsel, concerning his rights and obligations under this section, and shall be informed of those rights prior to executing the written consent. At any time more than five years after the transfer, the inmate shall be entitled to revoke his consent and to transfer to an institution in this state. In such cases, the transfer shall occur within the next 30 days. (c) This section shall become operative on January 1, 2020. (Amended (as added by Stats. 2013, Ch. 310, Sec. 18) by Stats. 2016, Ch. 33, Sec. 34. (SB 843) Effective June 27, 2016. Section operative January 1, 2020, by its own provisions.)
11192.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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State courts, departments, agencies, officers, and subdivisions must enforce the compact and take appropriate steps to carry out its purposes, including required reports.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11192. The courts, departments, agencies and officers of this State and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact. (Added by Stats. 1961, Ch. 1397.)
11193.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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An out-of-state inmate sentenced under California law is entitled to hearings within 120 days, under the same standards as similar inmates in California. If the inmate gives written consent, another jurisdiction’s officials may conduct the hearings.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11193. Any inmate sentenced under California law who is imprisoned in another state, pursuant to a compact, shall be entitled to all hearings, within 120 days of the time and under the same standards, which are normally accorded to persons similarly sentenced who are confined in institutions in this state. If the inmate consents in writing, such hearings may be conducted by the corresponding agencies or officials of such other jurisdiction. The Board of Prison Terms or its duly authorized representative is hereby authorized and directed to hold such hearings as may be requested by such other jurisdiction or the inmate pursuant to this section or to Article IV (f) of the Interstate Corrections Compact or of the Western Interstate Corrections Compact. (Amended by Stats. 1979, Ch. 255.)
11194.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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The Director of Corrections may make contracts to implement interstate corrections compacts, but only with required approvals and limits on where inmates may be confined or transferred.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11194. The Director of Corrections is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Interstate Corrections Compact and the Western Interstate Corrections Compact pursuant to Article III thereof. No such contract shall be of any force or effect until approved by the Director of General Services. Such contracts may authorize confinement of inmates in, or transfer of inmates from, only such institutions in this state as are under the jurisdiction of the Department of Corrections, and no such contract may provide for transfer out of this state of any person committed to the custody of the Director of the Youth Authority. No such contract may authorize the confinement of an inmate, who is in the custody of the Director of Corrections, in an institution of a state other than a state that is a party to the Interstate Corrections Compact or to the Western Interstate Corrections Compact. The Director of Corrections, subject to the approval of the Board of Prison Terms, must first determine, on the basis of an inspection made by his direction, that such institution of another state is a suitable place for confinement of prisoners committed to his custody before entering into a contract permitting such confinement, and shall, at least annually, redetermine the suitability of such confinement. In determining the suitability of such institution of another state, the director shall assure himself that such institution maintains standards of care and discipline not incompatible with those of the State of California and that all inmates therein are treated equitably, regardless of race, religion, color, creed or national origin. (Amended by Stats. 1979, Ch. 255.)
11194.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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This section lets a county sheriff arrange interstate confinement for county jail prisoners, but only with required approvals and consent.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11194.5. (a) At the request of the board of supervisors of any county that is adjacent to another state, the county sheriff shall negotiate with the appropriate officials of the adjacent state to contract pursuant to the authority of Article III of a compact executed under Section 11189 or 11190 for the confinement of county jail prisoners in corresponding facilities located in the adjacent state. The sheriff shall determine that the corresponding facilities are a suitable place of confinement of prisoners submitted to his or her custody and shall at least annually redetermine the suitability as a precondition to any contract under this section. In determining the suitability of the facilities of the other states, the sheriff shall assure himself or herself that it maintains standards of care and discipline not incompatible with those of this state and that all inmates therein are treated equally, regardless of race, religion, color, creed, or national origin. (b) With the approval of the board of supervisors including agreement as to terms for payments to be made for prisoner maintenance and expenses, the county sheriff may enter into a contract negotiated under subdivision (a). (c) No prisoner may be transferred to an institution outside of this state under this section unless he or she has executed a written consent to the transfer. (d) Any person who was sent to another state from a county under the authority of this section shall be released within the territory of the county unless the person, the sheriff of the sending county, and the corresponding official or agency of the other state shall agree upon release in another place. The county shall bear the cost of transporting the person to the place of release. (Added by Stats. 1986, Ch. 860, Sec. 1. Effective September 17, 1986.)
11195.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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A prisoner released from another state under this article is entitled to the same benefits as a prisoner released in this state. A person sent out of state for confinement must be released in this state unless all listed parties agree to another place. California must pay the transport cost to the release location.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11195. Every prisoner released from a prison without this state to which he has been committed or transferred from this state pursuant to this article shall be entitled to the same benefits, including, but not limited to money and tools, as are allowed to a prisoner released from a prison in this state. Any person who has been sent to another state for confinement pursuant to this article shall be released within the territory of this state unless the person, the Director of Corrections of California, and the corresponding agency or official of the other state shall agree upon release in some other place. This state shall bear the cost of transporting the person to the place of release. (Amended by Stats. 1976, Ch. 667.)
11196.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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This section says the article remains valid even if part of it is found unconstitutional, and the rest must still apply to other states, agencies, people, or situations. It also says the article should be interpreted reasonably and liberally.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11196. The provisions of this article shall be severable and if any phrase, clause, sentence, or provision of this article is declared to be unconstitutional or the applicability thereof to any state, agency, person or circumstance is held invalid, the constitutionality of this article and the applicability thereof to any other state, agency, person or circumstance shall, with respect to all severable matters, not be affected thereby. It is the legislative intent that the provisions of this article be reasonably and liberally construed. (Added by Stats. 1961, Ch. 1397.)
11197.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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A person sentenced under California law and housed outside the state cannot testify for the prosecution unless defense counsel is notified and gets an interview opportunity first.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11197. No person sentenced under California law who is committed or transferred to an institution outside of this state shall be competent to testify for the prosecution in any criminal proceeding in this state unless counsel for each defendant in such proceeding is notified that the prosecution may call the person as a witness and is given an opportunity to interview the person no less than 10 days before the commencement of the proceeding or, in the event the prosecution is not at that time considering the possibility of using such testimony, the notice and opportunity for interview shall be given at the earliest possible time. Nothing in this section shall be construed to compel the prisoner to submit to such an interview. (Added by Stats. 1976, Ch. 667.)
11198.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. )
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Cities, counties, city and counties, and private entities may not bring into or confine in California people sentenced to criminal commitments outside California, unless California statute authorizes it.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 4. Interstate Corrections Compacts [11189 - 11198] ( Heading of Article 4 amended by Stats. 1976, Ch. 667. ) ## 11198. (a) Except as authorized by California statute, no city, county, city and county, or private entity shall cause to be brought into, housed in, confined in, or detained in this state any person sentenced to serve a criminal commitment under the authority of any jurisdiction outside of California. (b) It is the intent of the Legislature that this act shall neither prohibit nor authorize the confinement of federal prisoners in this state. (Added by Stats. 1999, Ch. 707, Sec. 2. Effective January 1, 2000.)
11199.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 6. Reports of Metal Theft [11199.5- 11199.5.] ( Article 6 added by Stats. 2014, Ch. 608, Sec. 4. )
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Local law enforcement agencies are encouraged to report commodity-metal thefts in their jurisdiction to the theft alert system; the system operator must not sell subscriber information to third parties.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 2. Control of Crimes and Criminals [11150 - 11199.5] ( Chapter 2 added by Stats. 1953, Ch. 70. ) ## ARTICLE 6. Reports of Metal Theft [11199.5- 11199.5.] ( Article 6 added by Stats. 2014, Ch. 608, Sec. 4. ) ## 11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal thefts. The institute or its successor shall not sell subscribers’ information received pursuant to this section to third parties. (Added by Stats. 2014, Ch. 608, Sec. 4. (AB 2312) Effective January 1, 2015.)
112.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )
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It is a misdemeanor to make or sell a false government document to hide another person’s true citizenship or resident status for immigration purposes.

## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 112. (a) Any person who manufactures or sells any false government document with the intent to conceal the true citizenship or resident status for immigration purposes of another person is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for one year. Every false government document that is manufactured or sold in violation of this section may be charged and prosecuted as a separate and distinct violation, and consecutive sentences may be imposed for each violation. (b) A prosecuting attorney shall have discretion to charge a defendant with a violation of this section or any other law that applies. (c) As used in this section, “government document” means any document issued by the United States government or any state or local government, including, but not limited to, any passport, immigration visa, employment authorization card, birth certificate, driver’s license, identification card, or social security card. (Amended by Stats. 2021, Ch. 296, Sec. 42. (AB 1096) Effective January 1, 2022. See similar subject matter in Section 113 (which was added on Nov. 8, 1994, by Prop. 187).)
1120.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
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A juror with personal knowledge of a disputed fact must tell the court during trial, and if a juror says such a fact during jury retirement, the jury must return to court and the juror must be sworn and examined as a witness.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1120. If a juror has any personal knowledge respecting a fact in controversy in a cause, he or she must declare the same in open court during the trial. If, during the retirement of the jury, a juror declares a fact that could be evidence in the cause, as of his or her own knowledge, the jury must return into court. In either of these cases, the juror making the statement must be sworn as a witness and examined in the presence of the parties in order that the court may determine whether good cause exists for his or her discharge as a juror. (Amended by Stats. 2010, Ch. 328, Sec. 161. (SB 1330) Effective January 1, 2011.)
11200.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )
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Buildings or places used for unlawful liquor sales or giveaways are treated as nuisances and must be enjoined, abated, and prevented.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11200. Every building or place used for the purpose of unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor, and every building or place in or upon which such liquors are unlawfully sold, served or given away, is a nuisance which shall be enjoined, abated and prevented, whether it is a public or private nuisance. (Added by Stats. 1953, Ch. 35.)
11201.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )
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If a nuisance covered by this article is believed to exist in a county, the district attorney must bring an equity action to abate and prevent it; the city attorney of an incorporated city or a resident county citizen may also bring such an action. The complaint must be verified unless the district attorney filed it.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11201. Whenever there is reason to believe that a nuisance as defined in this article is kept, maintained or exists in any county, the district attorney, in the name of the people of the State of California, shall, or the city attorney of an incorporated city, or any citizen of the state resident within the county, in his or her own name may, maintain an action in equity to abate and prevent the nuisance and to perpetually enjoin the person or persons conducting or maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting it. The complaint in the action shall be verified unless filed by the district attorney. (Amended by Stats. 1987, Ch. 1076, Sec. 5.)
11202.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )
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If a nuisance is proved and notice was given, the court or judge must issue a temporary injunction to stop it continuing or recurring, and must require the applicant to provide an undertaking for possible damages.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11202. Whenever the existence of a nuisance is shown in an action brought under this article to the satisfaction of the court or judge thereof, either by verified complaint or affidavit, and the court or judge is satisfied that the owner of the property has received written notice of the existence of the nuisance, signed by the complainant or the district attorney at least two weeks prior to the filing of the complaint, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance. On granting such writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined such damages, not exceeding an amount to be specified, as the opposing party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. (Amended by Stats. 1982, Ch. 517, Sec. 319.)
11203.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )
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Actions under this article get priority over most other actions, but not criminal proceedings, election contests, or injunction hearings.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11203. Actions brought under this article shall have precedence over all other actions, excepting criminal proceedings, election contests and hearings on injunctions. If a complaint is filed under this article by a citizen, it shall not be dismissed by the plaintiff or for want of prosecution except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting thereto for the plaintiff. If the action is brought by a citizen and the court finds there was no reasonable ground or cause therefor, the costs shall be taxed against such citizen. (Added by Stats. 1953, Ch. 35.)

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