Penal Code
Part 26 of 29 · provisions 5,001–5,200
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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.
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- 673. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )
People may not use cruel, corporal, or unusual punishment in covered institutions, or mistreat or neglect confined persons in ways that would harm health.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 673. It shall be unlawful to use in the reformatories, institutions, jails, state hospitals or any other state, county, or city institution any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate, or person confined; and punishment by the use of the strait jacket, gag, thumbscrew, shower bath or the tricing up of a prisoner, inmate or person confined is hereby prohibited. Any person who violates the provisions of this section or who aids, abets, or attempts in any way to contribute to the violation of this section shall be guilty of a misdemeanor. (Added by renumbering Section 681 (as added by Stats. 1913, Ch. 583) by Stats. 1953, Ch. 615.) - 674. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )
Certain daycare primary care providers convicted of specified felonies involving a minor in their care may receive an extra prison term.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 674. (a) Any person who is a primary care provider in a day care facility and who is convicted of a felony violation of Section 261, 285, 286, 287, 288, or 289 or former Section 288a, where the victim of the crime was a minor entrusted to his or her care by the minor’s parent or guardian, a court, any public agency charged with the provision of social services, or a probation department, may be punished by an additional term of two years. (b) If the crime described in subdivision (a) was committed while voluntarily acting in concert with another, the person so convicted may be punished by an additional term of three years. (c) The enhancements authorized by this section may be imposed in addition to any other required or authorized enhancement. (Amended by Stats. 2018, Ch. 423, Sec. 72. (SB 1494) Effective January 1, 2019.) - 675. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )
A person convicted of certain specified sex offenses involving a minor for money or other consideration gets an additional one-year state prison term.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 675. (a) Any person suffering a felony conviction for a violation of subdivision (c) or (d) of Section 261.5, paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 286, paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 287 or former Section 288a, or subdivision (a) or paragraph (1) of subdivision (c) of Section 288, where the offense was committed with a minor for money or other consideration, is punishable by an additional term of imprisonment in the state prison of one year. (b) The enhancements authorized by this section may be imposed in addition to any other required or authorized enhancement. (Amended by Stats. 2018, Ch. 423, Sec. 73. (SB 1494) Effective January 1, 2019.) - 678. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )
When this code uses the value of property to determine an offense’s grade or punishment, that value must be estimated only in lawful U.S. money.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 678. Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in lawful money of the United States. (Amended by Stats. 1953, Ch. 616.) - 679. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section states that victims and witnesses of crime should be treated with dignity, respect, courtesy, and sensitivity, and that their rights under Section 679.02 should be honored and protected.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679. In recognition of the civil and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the Legislature declares its intent, in the enactment of this title, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity. It is the further intent that the rights enumerated in Section 679.02 relating to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants. It is the intent of the Legislature to add to Section 679.02 references to new rights as or as soon after they are created. The failure to enumerate in that section a right which is enumerated elsewhere in the law shall not be deemed to diminish the importance or enforceability of that right. (Added by Stats. 1986, Ch. 1427, Sec. 1.) - 679.01. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section defines “crime,” “victim,” and “witness” for Title 17.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.01. As used in this title, the following definitions shall control: (a) “Crime” means an act committed in this state which, if committed by a competent adult, would constitute a misdemeanor or felony. (b) “Victim” means a person against whom a crime has been committed. (c) “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. (Added by Stats. 1986, Ch. 1427, Sec. 1.) - 679.015. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Peace officers may not detain certain crime victims or witnesses solely for an actual or suspected immigration violation, and may not turn them over to federal immigration authorities without a judicial warrant.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system. (b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant. (Added by Stats. 2017, Ch. 194, Sec. 1. (AB 493) Effective January 1, 2018.) - 679.02. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section establishes many rights for crime victims and witnesses, including notice of hearings and case outcomes, opportunities to speak, and related information from justice agencies.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.02. (a) The following rights are hereby established as the statutory rights of victims and witnesses of crimes: (1) To be notified as soon as feasible that a court proceeding to which the victim or witness has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness’ attendance is not required. (2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case, as provided by Section 11116.10. (3) For the victim, the victim’s parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express their views, have those views preserved by audio or video means as provided in Section 1191.16, and to have the court consider their statements, as provided by Sections 1191.1 and 1191.15. (4) For the victim, the victim’s parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express their views, as provided by Section 656.2 of the Welfare and Institutions Code. (5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear, either personally as provided by Section 3043, or by other means as provided by Sections 3043.2 and 3043.25, to reasonably express their views, and to have their statements considered, as provided by Section 3043 of this code and by Section 1767 of the Welfare and Institutions Code. (6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate’s placement in a reentry or work furlough program, or notified of the inmate’s escape as provided by Section 11155. (7) To be notified that a witness may be entitled to witness fees and mileage, as provided by Section 1329.1. (8) For the victim, to be provided with information concerning the victim’s right to civil recovery and the opportunity to be compensated from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and Section 1191.2 of this code. (9) To the expeditious return of property that has allegedly been stolen or embezzled, when it is no longer needed as evidence, as provided by Chapter 12 (commencing with Section 1407) and Chapter 13 (commencing with Section 1417) of Title 10 of Part 2. (10) To an expeditious disposition of the criminal action. (11) To be notified, if applicable, in accordance with Sections 679.03 and 3058.8 if the defendant is to be placed on parole. (12) For the victim, upon request, to be notified of any pretrial disposition of the case, to the extent required by Section 28 of Article I of the California Constitution. (A) A victim may request to be notified of a pretrial disposition. (B) The victim may be notified by any reasonable means available. (C) This paragraph is not intended to affect the right of the people and the defendant to an expeditious disposition as provided in Section 1050. (13) For the victim, to be notified by the district attorney’s office of the right to request, upon a form provided by the district attorney’s office, and receive a notice pursuant to paragraph (14), if the defendant is convicted of any of the following offenses: (A) Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289, in violation of Section 220. (B) A violation of Section 207 or 209 committed with the intent to commit a violation of Section 261, 286, 287, 288, or 289, or former Section 262 or 288a. (C) Rape, in violation of Section 261. (D) Oral copulation, in violation of Section 287 or former Section 288a. (E) Sodomy, in violation of Section 286. (F) A violation of Section 288. (G) A violation of Section 289. (14) When a victim has requested notification pursuant to paragraph (13), the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff. (15) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in postconviction proceedings. (b) The rights set forth in subdivision (a) shall be set forth in the information and educational materials prepared pursuant to Section 13897.1. The information and educational materials shall be distributed to local law enforcement agencies and local victims’ programs by the Victims’ Legal Resource Center established pursuant to Chapter 11 (commencing with Section 13897) of Title 6 of Part 4. (c) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses. (d) This section is not intended to affect the rights and services provided to victims and witnesses by the local assistance centers for victims and witnesses. (e) The court shall not release statements made pursuant to paragraph (3) or (4) of subdivision (a) to the public prior to the statement being heard in court. (Amended by Stats. 2023, Ch. 513, Sec. 2. (AB 60) Effective January 1, 2024.) - 679.026. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Victims of crime are entitled to a free list of victim rights, and certain law enforcement and prosecuting agencies must provide Marsy Rights cards and related materials.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.026. (a) It is the intent of the people of the State of California in enacting this section to implement the rights of victims of crime established in Section 28 of Article I of the California Constitution to be informed of the rights of crime victims enumerated in the Constitution and in the statutes of this state. (b) Every victim of crime has the right to receive without cost or charge a list of the rights of victims of crime recognized in Section 28 of Article I of the California Constitution. These rights shall be known as “Marsy Rights.” (c) (1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during follow-up investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a “Marsy Rights” card described in paragraphs (3) and (4). (2) The victim disclosures required under this section shall be available to the public at a state funded and maintained Web site authorized pursuant to Section 14260 of the Penal Code to be known as “Marsy’s Page.” (3) The Attorney General shall design and make available in “.pdf” or other imaging format to every agency listed in paragraph (1) a “Marsy Rights” card, which shall contain the rights of crime victims described in subdivision (b) of Section 28 of Article I of the California Constitution, information on the means by which a crime victim can access the web page described in paragraph (2), and a toll-free telephone number to enable a crime victim to contact a local victim’s assistance office. (4) Every law enforcement agency which investigates criminal activity shall, if provided without cost to the agency by any organization classified as a nonprofit organization under paragraph (3) of subdivision (c) of Section 501 of the Internal Revenue Code, make available and provide to every crime victim a “Victims’ Survival and Resource Guide” pamphlet and/or video that has been approved by the Attorney General. The “Victims’ Survival and Resource Guide” and video shall include an approved “Marsy Rights” card, a list of government agencies, nonprofit victims’ rights groups, support groups, and local resources that assist crime victims, and any other information which the Attorney General determines might be helpful to victims of crime. (5) Any agency described in paragraph (1) may in its discretion design and distribute to each victim of a criminal act its own Victims’ Survival and Resource Guide and video, the contents of which have been approved by the Attorney General, in addition to or in lieu of the materials described in paragraph (4). (Added November 4, 2008, by initiative Proposition 9, Sec. 6.1. Note: Prop. 9 is titled the Victims' Bill of Rights Act of 2008: Marsy's Law.) - 679.027. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Law enforcement and prosecuting agencies must tell crime victims about certain rights and give them a free victim resources card, and the Attorney General must make that card available by June 1, 2025.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.027. (a) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victim’s next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief. (b) (1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a “Victim Protections and Resources” card described in paragraph (3). (2) The Victim Protections and Resources card may be designed as part of and included with the “Marsy Rights” card described by Section 679.026. (3) By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a “Victim Protections and Resources” card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following: (A) Information about the rights provided by Section 12945.8 of the Government Code. (B) Information about the rights provided by Section 1946.7 of the Civil Code. (C) Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances. (D) Information about federal immigration relief available to certain victims of crime. (E) Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply. (F) Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code. (G) Information about eligibility for filing a restraining or protective order. (H) Contact information for the Victims’ Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4. (I) A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually. (J) The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. (c) This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section. (Amended by Stats. 2024, Ch. 967, Sec. 7. (AB 2499) Effective January 1, 2025. Conditionally operative July 1, 2024, as prescribed by its own provisions.) - 679.03. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Certain county justice agencies must set an annual policy for victim/witness notification, and designated officials must help provide and process notice forms.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.03. (a) With respect to the conviction of a defendant involving a violent offense, as defined in Section 29905, the county district attorney, probation department, and victim-witness coordinator shall confer and establish an annual policy within existing resources to decide which one of their agencies shall inform each witness involved in the conviction who was threatened by the defendant following the defendant’s arrest and each victim or next of kin of the victim of that offense of the right to request and receive a notice pursuant to Section 3058.8 or 3605. If no agreement is reached, the presiding judge shall designate the appropriate county agency or department to provide this notification. (b) The Department of Corrections and Rehabilitation shall supply a form to the agency designated pursuant to subdivision (a) in order to enable persons specified in subdivision (a) to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. That agency shall give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. The department or the Board of Parole Hearings is responsible for notifying all victims, witnesses, or next of kin of victims who request to be notified of a violent offender’s release or scheduled execution, as provided by Sections 3058.8 and 3605. (c) All information relating to any person receiving notice pursuant to subdivision (b) shall remain confidential and is not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) Nothing in this section precludes a victim, witness, or next of kin of the victim from requesting notification using an automated electronic notification process, if available. (Amended by Stats. 2021, Ch. 615, Sec. 337. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 679.04. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Victims of sexual assault have rights to have victim advocates and a chosen support person present at certain interviews, and law enforcement or district attorneys must give written notice of these rights before the initial interview.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.04. (a) A victim of sexual assault as the result of any offense specified in paragraph (1) of subdivision (b) of Section 264.2 has the right to have victim advocates and a support person of the victim’s choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. A victim retains this right regardless of whether he or she has waived the right in a previous medical evidentiary or physical examination or in a previous interview by law enforcement authorities, district attorneys, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or the district attorney determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “victim advocate” means a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a victim advocate working in a center established under Article 2 (commencing with Section 13835) of Chapter 4 of Title 6 of Part 4. (b) (1) Prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, a victim of sexual assault as the result of any offense specified in Section 264.2 shall be notified in writing by the attending law enforcement authority or district attorney that he or she has the right to have victim advocates and a support person of the victim’s choosing present at the interview or contact, about any other rights of the victim pursuant to law in the card described in subdivision (a) of Section 680.2, and that the victim has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. This subdivision applies to investigators and agents employed or retained by law enforcement or the district attorney. (2) At the time the victim is advised of his or her rights pursuant to paragraph (1), the attending law enforcement authority or district attorney shall also advise the victim of the right to have victim advocates and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney. (3) The presence of a victim advocate shall not defeat any existing right otherwise guaranteed by law. A victim’s waiver of the right to a victim advocate is inadmissible in court, unless a court determines the waiver is at issue in the pending litigation. (4) The victim has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. It is the intent of the Legislature to encourage every interviewer in this context to have trauma-based training. (c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section. (d) A law enforcement official shall not, for any reason, discourage a victim of an alleged sexual assault from receiving a medical evidentiary or physical examination. (Amended by Stats. 2017, Ch. 692, Sec. 2. (AB 1312) Effective January 1, 2018.) - 679.05. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Victims of domestic violence or abuse may have a domestic violence advocate and a support person present at interviews, and law enforcement or prosecutors must notify them of that right.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.05. (a) A victim of domestic violence or abuse, as defined in Sections 6203 or 6211 of the Family Code, or Section 13700 of the Penal Code, has the right to have a domestic violence advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the prosecutor if the law enforcement authority or the prosecutor determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “domestic violence advocate” means either a person employed by a program specified in Section 13835.2 for the purpose of rendering advice or assistance to victims of domestic violence, or a domestic violence counselor, as defined in Section 1037.1 of the Evidence Code. Prior to being present at any interview conducted by law enforcement authorities, prosecutors, or defense attorneys, a domestic violence advocate shall advise the victim of any applicable limitations on the confidentiality of communications between the victim and the domestic violence advocate. (b) (1) Prior to the commencement of the initial interview by law enforcement authorities or the prosecutor pertaining to any criminal action arising out of a domestic violence incident, a victim of domestic violence or abuse, as defined in Section 6203 or 6211 of the Family Code, or Section 13700 of this code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a domestic violence advocate and a support person of the victim’s choosing present at the interview or contact. This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor. (2) At the time the victim is advised of his or her rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a domestic violence advocate and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney. (c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section. (Amended by Stats. 2007, Ch. 206, Sec. 6. Effective January 1, 2008.) - 679.06. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
The county probation department must notify certain victims of the offender’s community of residence when the offender is released on probation, if the victim asked for notice and gave a current address. The district attorney must also tell those victims they can request and receive this notification.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.06. (a) The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 13700 or in Section 6203 or 6211 of the Family Code, or a victim of stalking, as defined in Section 646.9, of the perpetrator’s current community of residence or proposed community of residence upon release, when the perpetrator, after conviction, is placed on or being released on probation pursuant to subdivision (a) of Section 1203 and under the supervision of the county probation department. (b) Subdivision (a) shall only apply if the victim has requested notification and has provided the probation department with a current address at which they may be notified. (c) The district attorney shall advise every victim described in subdivision (a) of their right to request and receive notification pursuant to this section. (Added by Stats. 2022, Ch. 941, Sec. 1. (AB 547) Effective January 1, 2023.) - 679.07. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section requires law enforcement investigators to interview certain family members before making findings about a death in specified domestic-violence cases, allows them to request a complete autopsy in listed circumstances, requires related training, and gives family members access to services and some investigation records.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.07. (a) Prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and in the presence of three or more factors listed in subdivision (b), law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence. (b) Law enforcement investigators may request a complete autopsy, pursuant to Section 27521 of the Government Code, in a case where they have determined there is an identifiable history of being victimized by domestic violence and any of the following conditions are present: (1) The decedent died prematurely or in an untimely manner. (2) The scene of the death gives the appearance of death due to suicide or accident. (3) One partner wanted to end the relationship. (4) There is a history of being victimized by domestic violence that includes coercive control. (5) The decedent is found dead in a home or place of residence. (6) The decedent is found by a current or previous partner. (7) There is a history of being victimized by domestic violence that includes strangulation or suffocation. (8) The current or previous partner of the decedent, or child of the decedent or the decedent’s current or previous partner, is the last to see the decedent alive. (9) The partner had control of the scene before law enforcement arrived. (10) The body of the decedent has been moved or the scene or other evidence is altered in some way. (c) Sworn law enforcement personnel investigating a death where it has been determined that the decedent has an identifiable history of being victimized by domestic violence shall be current in their training related to domestic violence incidents, including training required pursuant to Section 13519. (d) During the pendency of the investigation and any review, family members shall have access to all victim services and support provided under this title. (e) In the event that a local law enforcement agency makes a finding that the death is not a homicide and closes the case, family members or their legal counsel shall have the right to request any and all records of the investigation currently available under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (f) This section does not require local law enforcement agencies to compromise an existing or open investigation and does not preempt the discretion provided to local law enforcement agencies in the investigation of death cases. This section does not impose any additional liability on a local law enforcement agency for its investigation of existing cases or its investigative conclusions in those cases. (g) For the purposes of this section, the following definitions shall apply: (1) “Domestic violence” has the same meaning as used in Section 6211 of the Family Code. (2) “Identifiable history of being victimized by domestic violence” means demonstrable past incidents of being victimized by domestic violence that may be verified by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of such incidents. (3) “Partner” means a spouse, former spouse, cohabitant, former cohabitant, fiance, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child. (Added by Stats. 2024, Ch. 654, Sec. 4. (SB 989) Effective January 1, 2025.) - 679.08. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
A law enforcement officer may give a victim a Victim’s Rights Card after a crime, if the section is operative in the city or county.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.08. (a) (1) Whenever there has been a crime committed against a victim, the law enforcement officer assigned to the case may provide the victim of the crime with a “Victim’s Rights Card,” as specified in subdivision (b). (2) This section shall be operative in a city or county only upon the adoption of a resolution by the city council or board of supervisors to that effect. (3) This section shall not be interpreted as replacing or prohibiting any services currently offered to victims of crime by any agency or person affected by this section. (b) A “Victim’s Rights Card” means a card or paper that provides a printed notice with a disclaimer, in at least 10-point type, to a victim of a crime regarding potential services that may be available under existing state law to assist the victim. The printed notice shall include the following language or language substantially similar to the following: “California law provides crime victims with important rights. If you are a victim of crime, you may be entitled to the assistance of a victim advocate who can answer many of the questions you might have about the criminal justice system.” “Victim advocates can assist you with the following: (1) Explaining what information you are entitled to receive while criminal proceedings are pending. (2) Assisting you in applying for restitution to compensate you for crime-related losses. (3) Communicating with the prosecution. (4) Assisting you in receiving victim support services. (5) Helping you prepare a victim impact statement before an offender is sentenced.” “To speak with a victim advocate, please call any of the following numbers:” [Set forth the name and phone number, including area code, of all victim advocate agencies in the local jurisdiction] “PLEASE NOTE THAT THIS INFORMATION IS PROVIDED IN AN ATTEMPT TO ASSIST THE VICTIM, BY NOTIFYING THE VICTIM ABOUT SOME, BUT NOT NECESSARILY ALL, SERVICES AVAILABLE TO THE VICTIM; THE PROVISION OF THIS INFORMATION AND THE INFORMATION CONTAINED THEREIN IS NOT LEGAL ADVICE AND IS NOT INTENDED TO CONSTITUTE A GUARANTEE OF ANY VICTIM’S RIGHTS OR OF A VICTIM’S ELIGIBILITY OR ENTITLEMENT TO ANY SPECIFIC BENEFITS OR SERVICES.” (c) Any act or omission covered by this section is a discretionary act pursuant to Section 820.2 of the Government Code. (Added by Stats. 2006, Ch. 94, Sec. 1. Effective January 1, 2007.) - 679.09. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
When a minor’s death is being investigated, the lead law enforcement agency must give the parent or guardian certain investigation details, or the immediate family if the parent or guardian cannot be found.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victim’s parent or guardian, with the following information, if and when the parent or guardian are located: (1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency. (2) The case number referencing the investigation, if applicable. (3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victim’s personal effects collected pursuant to Section 27491.3 of the Government Code. The list of the victim’s personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement. (4) Information regarding the status of the investigation, at the discretion of the law enforcement agency. (b) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victim’s immediate family, at their request, with the following information: (1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency. (2) The case number referencing the investigation, if applicable. (3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victim’s personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victim’s personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement. (4) Information regarding the status of the investigation, at the discretion of the law enforcement agency. (c) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victim’s immediate family. (d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family. (e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction. (f) For the purposes of this section, “immediate family” means the victim’s spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption. (Added by Stats. 2022, Ch. 227, Sec. 1. (SB 1268) Effective January 1, 2023.) - 679.10. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section defines who can certify certain victim-related immigration forms and requires certifying entities to process requests, issue certifications or denials with reasons, and protect immigration-status information.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.10. (a) For purposes of this section, a “certifying entity” is any of the following: (1) A state or local law enforcement agency, including, without limitation, the police department of the University of California, a California State University campus, or the police department of a school district, established pursuant to Section 38000 of the Education Code. (2) A prosecutor. (3) A judge. (4) Any other authority that has responsibility for the detection or investigation or prosecution of a qualifying crime or criminal activity. (5) Agencies that have criminal detection or investigative jurisdiction in their respective areas of expertise, including, but not limited to, child protective services, the Civil Rights Department, and the Department of Industrial Relations. (b) For purposes of this section, a “certifying official” is any of the following: (1) The head of the certifying entity. (2) A person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency. (3) A judge. (4) Any other certifying official defined under Section 214.14 (a)(2) of Title 8 of the Code of Federal Regulations. (c) “Qualifying criminal activity” has the same meaning as qualifying criminal activity pursuant to Section 101(a)(15)(U)(iii) of the federal Immigration and Nationality Act which includes, but is not limited to, the following crimes: (1) Rape. (2) Torture. (3) Human trafficking. (4) Incest. (5) Domestic violence. (6) Sexual assault. (7) Abusive sexual conduct. (8) Prostitution. (9) Sexual exploitation. (10) Female genital mutilation. (11) Being held hostage. (12) Peonage. (13) Perjury. (14) Involuntary servitude. (15) Slavery. (16) Kidnapping. (17) Abduction. (18) Unlawful criminal restraint. (19) False imprisonment. (20) Blackmail. (21) Extortion. (22) Manslaughter. (23) Murder. (24) Felonious assault. (25) Witness tampering. (26) Obstruction of justice. (27) Fraud in foreign labor contracting. (28) Stalking. (d) A “qualifying crime” includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity described in subdivision (c), and the attempt, conspiracy, or solicitation to commit any of those offenses. (e) A “representative fully accredited by the United States Department of Justice” is a person who is approved by the United States Department of Justice to represent individuals before the Board of Immigration Appeals, the immigration courts, or the Department of Homeland Security. The representative shall be a person who works for a specific nonprofit, religious, charitable, social service, or similar organization that has been recognized by the United States Department of Justice to represent those individuals and whose accreditation is in good standing. (f) Upon the request of a victim, licensed attorney representing the victim, or representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings, a state or local law enforcement agency with whom the victim had filed a police report shall provide a copy of the police report within seven days of the request. (g) (1) Upon the request of the victim, victim’s family member, licensed attorney representing the victim, or representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings, a certifying official from a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B certification, when the victim was a victim of a qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful to the detection or investigation or prosecution of that qualifying criminal activity. The certifying entity shall forward completed Form I-918 Supplemental B certification to the victim, victim’s family member, licensed attorney representing the victim, or representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings without requiring the victim to provide government-issued identification. (2) A victim who submits a Form I-918 Supplement B certification to a certifying entity does not have to be present in the United States at time of submitting the certification request or filing the petition with the government and may apply for certification while outside of the United States. (h) For purposes of determining helpfulness pursuant to subdivision (g), there is a rebuttable presumption that a victim is helpful, has been helpful, or is likely to be helpful to the detection or investigation or prosecution of that qualifying criminal activity, if the victim has not refused or failed to provide information and assistance reasonably requested by law enforcement. If the victim reasonably asserts they were unaware of a request for cooperation, their failure to cooperate does not rebut the presumption of helpfulness. (i) (1) The certifying official shall fully complete and sign the Form I-918 Supplement B certification and, regarding victim helpfulness, include specific details about the nature of the crime investigated or prosecuted and a detailed description of the victim’s helpfulness or likely helpfulness to the detection or investigation or prosecution of the criminal activity. (2) If a certifying entity does not certify a Form I-918 Supplement B certification, they shall provide a written explanation for the denial of the Form I-918 Supplement B certification. The written denial shall include specific details of any reasonable requests for cooperation and a detailed description of how the victim refused to cooperate. (j) (1) A certifying entity shall process a Form I-918 Supplement B certification within 30 days of request, unless the noncitizen is in removal proceedings, in which case the certification shall be processed within 7 days of the first business day following the day the request was received. (2) A certifying agency shall process a Form I-918 Supplement B certification within 7 days of the first business day following the day the request was received if the victim asserts a qualifying family member of the victim will lose eligibility for U nonimmigrant status in 60 days or fewer because the victim’s noncitizen sibling will turn 18 years of age, the victim’s noncitizen child will turn 21 years of age, or the victim will turn 21 years of age. (k) (1) A current investigation, the filing of charges, an apprehension of the suspect who committed the qualifying crime, closing of a case, and a prosecution or conviction are not required for the victim to request and obtain the Form I-918 Supplement B certification from a certifying official. (2) A certifying official shall not refuse to complete the Form I-918 Supplement B certification or to otherwise certify that a victim has been helpful, solely because a case has already been prosecuted or otherwise closed, or because the time for commencing a criminal action has expired. (3) A certifying entity shall not refuse to complete the Form I-918 Supplement B certification and provide it to the victim, the victim’s family member, licensed attorney representing the victim, or representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings for any of the following reasons: (A) The victim’s criminal history information. (B) The victim’s immigration history. (C) The victim’s gang membership or gang affiliation. (D) The certifying entity’s belief that the Form I-918 Supplement B petition will not be approved by United States Citizenship and Immigration Services. (E) The victim has an open case with another certifying entity. (F) The extent of the harm the victim suffered. (G) The victim’s inability to produce a crime report from a law enforcement agency. (H) The victim’s cooperation or refusal to cooperate in a separate case. (l) A certifying official may only withdraw the certification if the victim refuses to provide information and assistance when reasonably requested. (m) A certifying entity is prohibited from disclosing the immigration status of a victim or person requesting the Form I-918 Supplement B certification, except to comply with federal law or legal process, or if authorized by the victim or person requesting the Form I-918 Supplement B certification. (n) A certifying entity that receives a request for a Form I-918 Supplement B certification shall report to the Legislature, on or before January 1, 2017, and annually thereafter, the number of victims that requested Form I-918 Supplement B certifications from the entity, the number of those certification forms that were signed, and the number that were denied. A report pursuant to this subdivision shall comply with Section 9795 of the Government Code. (o) (1) A certifying entity may certify a Form I-918 Supplement B certification for direct victims, indirect victims, and bystander or witness victims. (2) A direct victim is any person who has suffered direct harm or who is directly and proximately harmed as a result of the criminal activity. (3) (A) An indirect victim is a qualifying family member of a direct victim if the direct victim is incompetent, incapacitated, or deceased, including spouses, unmarried children under the age of 21, parents if the direct victim was under the age of 21, and siblings under the age of 18 if the direct victim was under 21 years of age. Indirect victims shall cooperate in the investigation or prosecution but are not required to possess information about the crime itself. (B) Indirect victim cooperation includes parents who make their children available to communicate with the certifying entity. (4) A bystander or witness victim is any individual who was not the direct target of a crime, but who nevertheless suffered unusually direct injury as a result of the qualifying crime. (Amended by Stats. 2023, Ch. 679, Sec. 1. (AB 1261) Effective January 1, 2024.) - 679.11. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Certifying entities and officials must process, complete, sign, report on, and keep confidential certain human-trafficking certification forms, and they may not refuse or disclose information for specified reasons.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.11. (a) For purposes of this section, a “certifying entity” is any of the following: (1) A state or local law enforcement agency, including, without limitation, the police department of the University of California, a California State University campus, or the police department of a school district, established pursuant to Section 38000 of the Education Code. (2) A prosecutor. (3) A judge. (4) The Department of Industrial Relations. (5) Any other state or local government agencies that have criminal, civil, or administrative investigative or prosecutorial authority relating to human trafficking. (b) For purposes of this section, a “certifying official” is any of the following: (1) The head of the certifying entity. (2) A person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-914 Supplement B declarations on behalf of that agency. (3) A judge. (4) Any other certifying official defined under Section 214.14(a)(2) of Title 8 of the Code of Federal Regulations. (c) “Human trafficking” has the same meaning as “severe forms of trafficking in persons” pursuant to Section 7102 of Title 22 of the United States Code and includes either of the following: (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age. (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (d) “Human trafficking” also includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity described in subdivision (c), and the attempt, conspiracy, or solicitation to commit any of those offenses. (e) A “representative fully accredited by the United States Department of Justice” is a person who is approved by the United States Department of Justice to represent individuals before the Board of Immigration Appeals, the immigration courts, or the Department of Homeland Security. The representative shall be a person who works for a specific nonprofit, religious, charitable, social service, or similar organization that has been recognized by the United States Department of Justice to represent those individuals and whose accreditation is in good standing. (f) (1) Upon the request of the victim, victim’s family member, licensed attorney representing the victim, or representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings, a certifying official from a certifying entity shall certify victim cooperation on the Form I-914 Supplement B declaration, when the victim was a victim of human trafficking and has been cooperative, is being cooperative, or is likely to be cooperative to the investigation or prosecution of human trafficking. The certifying entity shall forward completed Form I-914 Supplemental B certification to the victim, victim’s family member, licensed attorney representing the victim, or representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings without requiring the victim to provide government-issued identification. (2) A victim who submits a Form I-914 Supplement B declaration to a certifying entity does not have to be present in the United States at time of submitting the certification request or filing the petition with the government and may apply for certification while outside of the United States. (g) For purposes of determining cooperation pursuant to subdivision (f), there is a rebuttable presumption that a victim is cooperative, has been cooperative, or is likely to be cooperative to the investigation or prosecution of human trafficking, if the victim has not refused or failed to provide information and assistance reasonably requested by law enforcement. If the victim reasonably asserts they were unaware of a request for cooperation, their failure to cooperate does not rebut the presumption of helpfulness. (h) The certifying official shall fully complete and sign the Form I-914 Supplement B declaration and, regarding victim cooperation, include specific details about the nature of the crime investigated or prosecuted and a detailed description of the victim’s cooperation or likely cooperation to the detection, investigation, or prosecution of the criminal activity. (i) (1) A certifying entity shall process a Form I-914 Supplement B declaration within 30 days of request, unless the noncitizen is in removal proceedings, in which case the declaration shall be processed within 7 days of the first business day following the day the request was received. (2) A certifying agency shall process a Form I-918 Supplement B certification within 7 days of the first business day following the day the request was received if the victim asserts a qualifying family member of the victim will lose eligibility for T nonimmigrant status in 60 days or fewer because the victim’s noncitizen sibling will turn 18 years of age, the victim’s noncitizen child will turn 21 years of age, or the victim will turn 21 years of age. (j) (1) A current investigation, an apprehension of the suspect who committed the qualifying crime, the filing of charges, closing of a case, or a prosecution or conviction is not required for the victim to request and obtain the Form I-914 Supplement B declaration from a certifying official. (2) A certifying official shall not refuse to complete the Form I-914 Supplement B declaration and provide it to the victim, the victim’s family member, licensed attorney representing the victim, or representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings or to otherwise certify that a victim has been helpful, solely because a case has already been prosecuted or otherwise closed, or because the time for commencing a criminal action has expired. (3) A certifying entity shall not refuse to complete the Form I-914 Supplement B declaration for any of the following reasons: (A) The victim’s criminal history information. (B) The victim’s immigration history. (C) The victim’s gang membership or gang affiliation. (D) The certifying entity’s belief that the Form I-914 Supplement B petition will not be approved by United States Citizenship and Immigration Services. (E) The victim has an open case with another certifying entity. (F) The certifying entity’s belief that the victim is eligible for relief or protection under Section 679.10 or any other provision of law. (G) The victim’s inability to produce a crime report from a law enforcement agency. (H) The victim’s cooperation or refusal to cooperate in a separate case. (k) A certifying official may only withdraw the certification if the victim refuses to provide information and assistance when reasonably requested. (l) A certifying entity is prohibited from disclosing the immigration status of a victim or person requesting the Form I-914 Supplement B declaration, except to comply with federal law or legal process, or if authorized by the victim or person requesting the Form I-914 Supplement B declaration. (m) A certifying entity that receives a request for a Form I-914 Supplement B declaration shall report to the Legislature, on or before January 1, 2018, and annually thereafter, the number of victims who requested Form I-914 Supplement B declarations from the entity, the number of those declaration forms that were signed, and the number that were denied. A report pursuant to this subdivision shall comply with Section 9795 of the Government Code. (Amended by Stats. 2023, Ch. 679, Sec. 2. (AB 1261) Effective January 1, 2024.) - 679.12. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section limits how law enforcement and related agents may use, share, compare, and store DNA samples and profiles tied to a victim, witness, or voluntary exclusion sample.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.12. (a) The following procedures apply to known reference samples of DNA from a victim of a crime or alleged crime, and to known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples: (1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. (2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. (3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. (4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the statutory restrictions on the use and disclosure of that sample or profile. (5) Any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in this section. (6) No agent of a law enforcement agency may provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. (7) A person whose DNA profile has been voluntarily provided for purposes of exclusion shall have their searchable database profile expunged from all public and private databases if the person has no past or present offense or pending charge that qualifies that person for inclusion within the state’s DNA and Forensic Identification Database and Databank Program. (8) This section does not prohibit crime laboratories from collecting, retaining, and using for comparison purposes in multiple cases the following DNA profiles: (i) The DNA profiles from persons whose proximity or access to DNA case evidence during the collection, handling, or processing of that evidence might result in DNA contamination, including first responders, crime scene investigators, laboratory staff, or others at the laboratory, if these kinds of elimination samples are voluntarily provided with written consent for their use as quality assurance or control samples, or if the elimination samples are obtained as a condition of employment with written consent, so that the crime laboratory can assure reliable results. (ii) The DNA profiles from persons associated with the manufacturing or production of consumable supplies or reagents or positive control samples used in laboratory testing, if these kinds of elimination samples are voluntarily provided with written consent. (iii) The DNA profiles that may be incidentally encountered on consumable supplies or reagents such as plastic tubes, plastic plates, swabs, and buffers. (9) The requirement for written consent for voluntary elimination samples does not preclude a DNA testing laboratory from retaining, for use consistent with this section, the voluntary quality assurance or control samples described in paragraph (8) that were provided without written consent by persons prior to the enactment of this section, or if the laboratory is otherwise required to retain such case samples by another provision of law. (10) This section does not preclude a DNA testing laboratory from conducting a limited comparison of samples that were analyzed concurrently in order to evaluate the DNA typing results for potential contamination, determine the source of contamination when detected, and to ensure that the contaminating profiles were not misidentified as DNA profiles from putative perpetrators. (11) This section does not affect the inclusion of samples in state DNA databases as described in Section 295, the use of state DNA databases for identifying missing persons, the compliance with other provisions of law that allow the release of samples for postconviction testing, or the use of reference samples from a suspect lawfully collected in a manner that does not violate this section. (b) For the purposes of this section, the following definitions apply: (1) The “incident being investigated” means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime. (2) An “agent” of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities. (3) A “victim” or “witness” does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation. (4) A sample is “voluntarily provided for the purpose of exclusion” if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that person’s DNA profile from consideration in the current investigation. (c) This section does not apply to evidence arising from the victim that is biological material that is not the victim’s own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant. (Amended by Stats. 2023, Ch. 131, Sec. 151. (AB 1754) Effective January 1, 2024.) - 679.13. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section defines who can certify certain informants, allows certifying entities to apply for and issue Form I-854A certifications, requires certifying officials to complete and sign the form with specific details, and forbids disclosure of the informant’s immigration status except in limited cases.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 679.13. (a) For purposes of this section, a “certifying entity” is any of the following: (1) A state or local law enforcement agency, including, without limitation, the police department of the University of California, a California State University campus, or the police department of a school district, established pursuant to Section 38000 of the Education Code. (2) A prosecutor. (3) A judge. (4) Any other authority that has responsibility for the detection or investigation or prosecution of a qualifying crime or criminal activity. (5) Agencies that have criminal detection or investigative jurisdiction in their respective areas of expertise, including, but not limited to, child protective services, the Civil Rights Department, and the Department of Industrial Relations. (b) For purposes of this section, a “certifying official” is any of the following: (1) The head of the certifying entity. (2) A person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-854A certifications on behalf of that agency. (3) A judge. (4) Any other certifying official defined under Section 214.14 (a)(2) of Title 8 of the Code of Federal Regulations. (c) “Qualified criminal informant” is an individual who meets the following requirements: (1) The informant must have reliable information about an important aspect of a crime or pending commission of a crime. (2) The informant must be willing to share that information with United States law enforcement officials or become a witness in court. (3) The informant’s presence in the United States is important and leads to the successful investigation or prosecution of that crime. (d) A certifying entity may apply for and may certify a Form I-854A certification for a qualified criminal informant. A qualified informant does not have to be present in the United States for certification pursuant to this section. (e) The certifying official shall fully complete and sign the Form I-854A certification and, regarding the qualified criminal informant’s helpfulness, include specific details about the nature of the crime investigated or prosecuted and a detailed description of the qualified criminal informant’s helpfulness or likely helpfulness to the detection or investigation or prosecution of the criminal activity. (f) A certifying official may only withdraw the certification if the qualified criminal informant refuses to provide information and assistance when reasonably requested. (g) A certifying entity is prohibited from disclosing the immigration status of the qualified criminal informant for whom Form I-854A certification has been completed, except to comply with federal law or legal process, or if authorized by the qualified criminal informant. (Added by Stats. 2023, Ch. 679, Sec. 3. (AB 1261) Effective January 1, 2024.) - 68. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
Public officers and appointees covered by this section must not ask for, receive, or agree to receive a bribe tied to their official vote, opinion, or action; violations carry prison time, fines, forfeiture, and disqualification.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 68. (a) Every executive or ministerial officer, employee, or appointee of the State of California, a county or city therein, or a political subdivision thereof, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or that may be brought before him or her in his or her official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases in which no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater, and, in addition thereto, forfeits his or her office, employment, or appointment, and is forever disqualified from holding any office, employment, or appointment, in this state. (b) In imposing a restitution fine pursuant to this section, the court shall consider the defendant’s ability to pay the fine. (Amended by Stats. 2002, Ch. 664, Sec. 169. Effective January 1, 2003.) - 680. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
This section sets DNA testing, reporting, and notice rules for sexual assault evidence and gives victims certain information and access rights.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 680. (a) This section shall be known, and may be cited, as the “Sexual Assault Victims’ DNA Bill of Rights.” (b) The Legislature finds and declares all of the following: (1) Deoxyribonucleic acid (DNA) and forensic identification analysis is a powerful law enforcement tool for identifying and prosecuting sexual assault offenders. (2) Existing law requires an adult arrested for or charged with a felony and a juvenile adjudicated for a felony to submit DNA samples as a result of that arrest, charge, or adjudication. (3) Victims of sexual assault have a strong interest in the investigation and prosecution of their cases. (4) Law enforcement agencies have an obligation to victims of sexual assault in the proper handling, retention, and timely DNA testing of rape kit evidence or other crime scene evidence and to be responsive to victims concerning the developments of forensic testing and the investigation of their cases. (5) The growth of the Department of Justice’s Cal-DNA databank and the national databank through the Combined DNA Index System (CODIS) makes it possible for many sexual assault perpetrators to be identified after their first offense, provided that rape kit evidence is analyzed in a timely manner. (6) Timely DNA analysis of rape kit evidence is a core public safety issue affecting men, women, and children in the State of California. It is the intent of the Legislature, in order to further public safety, to encourage DNA analysis of rape kit evidence within the time limit imposed by paragraph (1) of subdivision (g) of Section 803. (7) DNA reference samples collected directly from a victim of sexual assault, and reference samples of DNA collected from any individual that were voluntarily provided for the purpose of exclusion, shall be protected as provided in Section 679.12. (c) To ensure that sexual assault forensic evidence is analyzed within the timeframe required by paragraph (1) of subdivision (g) of Section 803 and to ensure the longest possible statute of limitations for sex offenses, including sex offenses designated pursuant to those subparagraphs, the following shall occur: (1) A law enforcement agency in whose jurisdiction a sex offense specified in Section 261, 261.5, 286, 287, or 289 or former Section 262 or 288a occurred shall do one of the following for sexual assault forensic evidence received by the law enforcement agency on or after January 1, 2016: (A) Submit sexual assault forensic evidence to the crime lab within 20 days after it is booked into evidence. (B) Ensure that a rapid turnaround DNA program is in place to submit forensic evidence collected from the victim of a sexual assault directly from the medical facility where the victim is examined to the crime lab within five days after the evidence is obtained from the victim. (2) The crime lab shall do one of the following for sexual assault forensic evidence received by the crime lab on or after January 1, 2016: (A) Process sexual assault forensic evidence, create DNA profiles when able, and upload qualifying DNA profiles into CODIS as soon as practically possible but no later than 120 days after initially receiving the evidence. (B) Transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after initially receiving the evidence, for processing of the evidence for the presence of DNA. If a DNA profile is created, the transmitting crime lab shall upload the profile into CODIS as soon as practically possible but no longer than 30 days after being notified about the presence of DNA. (3) This subdivision does not require a lab to test all items of forensic evidence obtained in a sexual assault forensic evidence examination. A lab is considered to be in compliance with the guidelines of this section if representative samples of the evidence are processed by the lab in an effort to detect the foreign DNA of the perpetrator. (4) This section does not require a DNA profile to be uploaded into CODIS if the DNA profile does not meet federal guidelines regarding the uploading of DNA profiles into CODIS. (5) For purposes of this section, a “rapid turnaround DNA program” is a program for the training of sexual assault team personnel in the selection of representative samples of forensic evidence from the victim to be the best evidence, based on the medical evaluation and patient history, the collection and preservation of that evidence, and the transfer of the evidence directly from the medical facility to the crime lab, which is adopted pursuant to a written agreement between the law enforcement agency, the crime lab, and the medical facility where the sexual assault team is based. (6) For the purpose of this section, “law enforcement” means the law enforcement agency with the primary responsibility for investigating an alleged sexual assault. (d) (1) Upon the request of a sexual assault victim, the law enforcement agency investigating a violation of Section 261, 261.5, 286, 287, or 289 or former Section 262 or 288a shall inform the victim of the status of the DNA testing of the rape kit evidence or other crime scene evidence from the victim’s case. The law enforcement agency may, at its discretion, require that the victim’s request be in writing. The law enforcement agency shall respond to the victim’s request with either an oral or written communication, or by email, if an email address is available. This subdivision does not require that the law enforcement agency communicate with the victim or the victim’s designee regarding the status of DNA testing absent a specific request from the victim or the victim’s designee. (2) A sexual assault victim has the right to access the Department of Justice’s SAFE-T database portal consistent with subdivision (e) of Section 680.3 for information involving their own forensic kit and the status of the kit. (3) A sexual assault victim has the right to be informed of the following: (A) Whether or not a DNA profile of the assailant was obtained from the testing of the rape kit evidence or other crime scene evidence from their case. (B) Whether or not the DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence has been entered into the Department of Justice Data Bank or the federal Department of Justice or Federal Bureau of Investigation CODIS database of case evidence. (C) Whether or not there is a confirmed match between the DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Department of Justice Convicted Offender DNA Database, provided that disclosure would not impede or compromise an ongoing investigation. (4) This subdivision is intended to encourage law enforcement agencies to notify victims of information that is in their possession. It does not affect the manner of or frequency with which the Department of Justice provides this information to law enforcement agencies. (e) If the law enforcement agency does not analyze DNA evidence within six months prior to the time limit established by paragraph (1) of subdivision (g) of Section 803, a victim of a sexual assault offense specified in Section 261, 261.5, 286, 287, or 289 or former Section 262 or 288a shall be informed, either orally or in writing, of that fact by the law enforcement agency. (f) (1) If the law enforcement agency intends to destroy or dispose of rape kit evidence or other crime scene evidence from an unsolved sexual assault case, a victim of a violation of Section 261, 261.5, 286, 287, or 289 or former Section 262 or 288a shall be given written notification by the law enforcement agency of that intention. (2) A law enforcement agency shall not destroy or dispose of rape kit evidence or other crime scene evidence from an unsolved sexual assault case before at least 20 years or, if the victim was under 18 years of age at the time of the alleged offense, before the victim’s 40th birthday. (g) Written notification under subdivision (e) or (f) shall be made at least 60 days prior to the destruction or disposal of the rape kit evidence or other crime scene evidence from an unsolved sexual assault case. (h) (1) A sexual assault victim may designate a sexual assault victim advocate, or other support person of the victim’s choosing, to act as a recipient of the above information required to be provided by this section. (2) A sexual assault survivor who is 18 years of age or older and who is undecided whether to report to law enforcement at the time of an examination may request that all medical evidence collected from them not be tested. A kit for which this request has been made shall not be tested and shall not be subject to the requirements of this section, Section 680.3, or Section 680.4, with the exception that the investigating agency in possession of the kit shall follow the requirements of subdivisions (f) and (g). (A) If this request is made at the time of the examination, the medical facility shall not submit the kit to a crime laboratory, and the investigating agency shall retain the kit until the sexual assault survivor requests testing. (B) If this request is made after the examination, the request may be directed to the investigating agency. If the kit has not yet been submitted to a crime laboratory at the time the request is received, the kit shall be retained by the investigating agency. If the kit has already been submitted to a laboratory but DNA testing has not yet begun, the investigating agency shall notify the laboratory of the request and the untested kit shall be returned to the investigating agency and retained. (C) For purposes of this section, the transfer of a sexual assault kit by a medical facility to a crime laboratory representative solely for secure transport, intake, or evidence triage on behalf of the investigating agency shall not constitute submission for testing. All such transfers shall be documented in the chain of custody record or other state-approved tracking system, and shall not affect statutory retention timelines or survivor notification requirements. (3) A sexual assault survivor who has requested that their kit not be tested may later request that their kit be tested, regardless of whether they also decide to make a report to law enforcement. (i) It is the intent of the Legislature that a law enforcement agency responsible for providing information under subdivision (d) do so in a timely manner and, upon request of the victim or the victim’s designee, advise the victim or the victim’s designee of any significant changes in the information of which the law enforcement agency is aware. In order to be entitled to receive notice under this section, the victim or the victim’s designee shall keep appropriate authorities informed of the name, address, telephone number, and email address of the person to whom the information should be provided and any changes of the name, address, telephone number, and email address, if an email address is available. (j) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to a failure to comply with this section. The failure to provide a right or notice to a sexual assault victim under this section may not be used by a defendant to seek to have the conviction or sentence set aside. (k) The sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency’s failure to fulfill its responsibilities under this section is standing to file a writ of mandamus to require compliance with subdivision (e) or (f). (Amended by Stats. 2025, Ch. 783, Sec. 1. (SB 733) Effective January 1, 2026.) - 680.1. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
The Department of Justice must establish a secure, private, electronic process for sexual assault survivors to track and receive updates about their evidence kits in the SAFE-T database.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 680.1. The Department of Justice, on or before July 1, 2022, and in consultation with law enforcement agencies and crime victims groups, shall establish a process that allows a survivor of sexual assault to track and receive updates privately, securely, and electronically regarding the status, location, and information regarding their sexual assault evidence kit in the department’s SAFE-T database. (Amended by Stats. 2021, Ch. 634, Sec. 1. (SB 215) Effective January 1, 2022.) - 680.2. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
On first contact with a sexual assault victim, law enforcement or a medical provider must give the victim a rights card, and local law enforcement agencies must develop and distribute those cards.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 680.2. (a) Upon the initial interaction with a sexual assault victim, a law enforcement officer or medical provider shall provide the victim with a card to be developed by every local law enforcement agency, in consultation with sexual assault experts, that explains all of the rights of sexual assault victims in clear language that is comprehensible to a person proficient in English at the fifth grade level, in at least 12-point font, and available in all major languages of the state. This card shall include, but is not limited to, all of the following: (1) A clear statement that a sexual assault victim is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain their rights under law. (2) A clear statement that, under Section 1219 of the Code of Civil Procedure, a court may not imprison or otherwise confine or place in custody a victim of sexual assault or domestic violence for contempt if the contempt consists of refusing to testify concerning the crime. (3) Telephone or internet website contact information for a nearby rape crisis center and sexual assault counselor. (4) Information about the types of law enforcement protection available to the sexual assault victim, including a temporary protection order, and the process to obtain that protection. (5) Instructions for requesting the results of the analysis of the victim’s sexual assault forensic evidence. (6) Information about state and federal compensation funds for medical and other costs associated with the sexual assault and information on any municipal, state, or federal right to restitution for sexual assault victims if a criminal trial occurs. (7) A clear statement that the victim has the right to have a sexual assault counselor and at least one other support person of the victim’s choosing present at any initial medical evidentiary examination, physical examination, or investigative interview arising out of a sexual assault, and that a sexual assault counselor can be contacted 24 hours a day. (8) Information about the rate of potential evidence degradation. (9) A clear statement that if sexual assault forensic evidence will be tested, it should be transported to the crime laboratory and analyzed within the time limits imposed by subparagraphs (A) and (B) of paragraph (1) of subdivision (g) of Section 803. (10) A clear statement that the law enforcement agency or crime laboratory will retain the sexual assault forensic evidence for at least 20 years, or if the victim was under 18 years of age at the time of the alleged offense, at least until the victim’s 40th birthday. (b) A law enforcement official shall, upon written request by a sexual assault victim, furnish a free copy of the initial crime report related to the sexual assault, regardless of whether the report has been closed by the law enforcement agency, to the victim. A law enforcement agency may redact personal, identifying information in the copy furnished to the victim. (c) A prosecutor shall, pursuant to Section 290.46, upon written request by a sexual assault victim, provide the convicted defendant’s information on a sex offender registry to the victim, if the defendant is required to register as a sex offender. (d) The law enforcement agency shall provide sufficient copies of the card described in subdivision (a) to each provider in its jurisdiction of medical evidentiary examinations or physical examinations arising out of sexual assault. (Amended by Stats. 2022, Ch. 709, Sec. 2. (SB 916) Effective January 1, 2023.) - 680.3. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Certain law enforcement agencies and labs must enter and update sexual assault kit information in SAFE-T, while the database must keep victim/suspect identities and DNA profiles out.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 680.3. (a) Each law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence from a victim shall, within 120 days of collection, create an information record for the kit on the Department of Justice’s SAFE-T database and report the following: (1) If biological evidence samples from the kit were submitted to a DNA laboratory for analysis. (2) If the kit generated a probative DNA profile. (3) If evidence was not submitted to a DNA laboratory for processing, the reason or reasons for not submitting evidence from the kit to a DNA laboratory for processing. (b) After 120 days following submission of sexual assault kit biological evidence for processing, if a public DNA laboratory has not conducted DNA testing, that laboratory shall provide the reasons for the status in the appropriate SAFE-T data field. If the investigating law enforcement agency has contracted with a private vendor laboratory to conduct DNA testing on kit evidence, the submitting law enforcement agency shall provide the 120-day update in SAFE-T. The process described in this subdivision shall take place every 120 days until DNA testing is complete, except as provided in subdivision (c). (c) (1) Upon expiration of a sexual assault case’s statute of limitations, or if a law enforcement agency elects not to analyze the DNA or intends to destroy or dispose of the crime scene evidence pursuant to subdivision (g) of Section 680, the investigating law enforcement agency shall state in writing the reason the kit collected as part of that case’s investigation was not analyzed. This written statement relieves the investigating law enforcement agency or public laboratory of any further duty to report information related to that kit pursuant to this section. (2) A record of a kit collected prior to January 1, 2016, that is created in SAFE-T pursuant to subdivision (b) of Section 680.4 is excluded from the 120-day update requirement. (d) The SAFE-T database shall not contain any identifying information about a victim or a suspect, shall not contain any DNA profiles, and shall not contain any information that would impair a pending criminal investigation. (e) The SAFE-T database shall, on or before July 1, 2022, allow a survivor of sexual assault to track and receive updates privately, securely, and electronically regarding the status and location of the survivor’s sexual assault evidence kit, as provided in Section 680.1. (f) On an annual basis, the Department of Justice shall file a report to the Legislature in compliance with Section 9795 of the Government Code summarizing data entered into the SAFE-T database during that year. The report shall not reference individual victims, suspects, investigations, or prosecutions. The report shall be made public by the department. (g) Except as provided in subdivision (e), in order to protect the confidentiality of the SAFE-T database information, SAFE-T database contents shall be confidential, and a participating law enforcement agency or laboratory shall not be compelled in a criminal or civil proceeding, except as required by Brady v. Maryland (1963) 373 U.S. 83, to provide any SAFE-T database contents to a person or party seeking those records or information. (h) The requirements of this section shall only apply to sexual assault kit evidence from a victim collected on or after January 1, 2018, and to sexual assault kit evidence from a victim required to be entered into the SAFE-T database pursuant to subdivision (b) of Section 680.4. (Amended by Stats. 2023, Ch. 715, Sec. 2. (SB 464) Effective January 1, 2024.) - 680.4. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. )
Certain entities must audit untested sexual assault kits, some must create SAFE-T records for untested victim kits, and others must report specified kit information to the Department of Justice by set dates.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME [679 - 680.4] ( Title 17 added by Stats. 1986, Ch. 1427, Sec. 1. ) ## 680.4. (a) Each law enforcement agency, medical facility, public crime laboratory, and any other entity that receives, maintains, stores, or preserves sexual assault evidence kits shall participate in an audit of all untested sexual assault kits in their possession pursuant to this section. (b) No later than July 1, 2026, each law enforcement agency and public crime laboratory subject to subdivision (a) shall create a record in the SAFE-T database, pursuant to Section 680.3, for every victim sexual assault kit in their possession that has not had DNA testing completed as of July 1, 2026. (1) If a medical facility submitted selected evidence samples directly to a crime laboratory under a rapid turnaround DNA program, and those samples have been taken through the DNA testing process, the entire sexual assault kit shall be considered tested for the purposes of this section. (2) A kit that has only undergone biological screening shall not be considered tested for the purposes of this section. A tested kit is one that has been taken, at minimum, through the DNA quantitation process, and either of the following: (A) If the DNA quantitation results indicate that there is no DNA foreign to the victim, or the foreign DNA is of insufficient quality and quantity for DNA typing to provide genetic information about an alleged perpetrator, analysis can stop at DNA quantitation, and the kit shall be considered tested for the purposes of this section. (B) If the DNA quantitation results indicate that DNA typing may provide genetic information about an alleged perpetrator, and the DNA is of sufficient quantity and quality to be successfully typed, the analysis shall continue through DNA typing for the kit to be considered tested for the purposes of this section. (3) The SAFE-T database shall only contain records for sexual assault evidence kits collected from victims. Sexual assault evidence kits collected from suspects shall also be subject to the audit pursuant to this section, but they shall not be entered into the SAFE-T database. The following information shall be reported separately by each entity in a format prescribed by the Department of Justice: (A) The total number of untested suspect sexual assault kits in their possession. (B) For each suspect kit, the following information: (i) The date the suspect kit was collected. (ii) The date the suspect kit was picked up by a law enforcement agency, for each law enforcement agency that has taken custody of the kit. (iii) The date the suspect kit was delivered to a crime laboratory. (iv) The reason the suspect kit has not been tested, if applicable. (4) Sexual assault evidence other than evidence collected in kits, including clothing and bedding, DNA reference samples collected from suspects and consensual partners, and kits collected under circumstances where no sexual assault is alleged or suspected to have occurred, are not subject to this audit and shall not be entered into the SAFE-T database or reported for this audit. (c) No later than July 1, 2026, each medical facility and other non-law enforcement entity subject to subdivision (a) shall report to the Department of Justice, in the format prescribed by the department, all of the following: (1) The total number of untested sexual assault kits in their possession that were not submitted to a law enforcement agency or public crime laboratory because the victim chose not to report the assault to law enforcement at the time of collection, and had not chosen to report the assault to law enforcement by the time of the audit. (2) For untested sexual assault evidence kits in their possession where the victim chose to report the assault to law enforcement: (A) The total number of untested sexual assault kits in their possession. (B) For each kit, the following information: (i) The date the kit was collected. (ii) The name of the medical facility, law enforcement agency, public crime laboratory, or other entity from which the kit was received. (iii) The date the kit was received by the entity. (iv) The reason the kit has not been submitted to a law enforcement agency or public crime laboratory. (C) This reporting requirement does not apply to untested kits that have been recently collected and are temporarily being stored pending release to a law enforcement agency or public crime laboratory. (d) The Department of Justice shall, by no later than July 1, 2027, prepare and submit a report to the Legislature summarizing the information received pursuant to subdivisions (b) and (c). (e) The report required by subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code. (Repealed and added by Stats. 2023, Ch. 715, Sec. 4. (SB 464) Effective January 1, 2024.) - 69. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
A person may not threaten or use violence to stop an executive officer from doing a legal duty, or forcibly resist the officer while the officer is performing that duty.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 69. (a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. (b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a). (Amended by Stats. 2015, Ch. 177, Sec. 1. (SB 411) Effective January 1, 2016.) - 692. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 1. Of Lawful Resistance [692 - 694] ( Chapter 1 enacted 1872. )
Lawful resistance to a public offense may be made by the person about to be injured and by other parties.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 1. Of Lawful Resistance [692 - 694] ( Chapter 1 enacted 1872. ) ## 692. Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured; 2. By other parties. (Enacted 1872.) - 693. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 1. Of Lawful Resistance [692 - 694] ( Chapter 1 enacted 1872. )
A person about to be injured may use resistance to prevent the offense.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 1. Of Lawful Resistance [692 - 694] ( Chapter 1 enacted 1872. ) ## 693. Resistance sufficient to prevent the offense may be made by the party about to be injured: 1. To prevent an offense against his person, or his family, or some member thereof. 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. (Enacted 1872.) - 694. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 1. Of Lawful Resistance [692 - 694] ( Chapter 1 enacted 1872. )
A person may resist enough to prevent an offense when helping defend someone about to be injured.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 1. Of Lawful Resistance [692 - 694] ( Chapter 1 enacted 1872. ) ## 694. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. (Enacted 1872.) - 70. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
Certain public officers and appointees may not knowingly take or ask for unlawful gifts or rewards for official acts; doing so is a misdemeanor. Peace officers have limited exceptions for outside employment, and employers must provide written reasons when they deny consent for other work.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 70. (a) Every executive or ministerial officer, employee, or appointee of the State of California, or any county or city therein, or any political subdivision thereof, who knowingly asks, receives, or agrees to receive any emolument, gratuity, or reward, or any promise thereof excepting such as may be authorized by law for doing an official act, is guilty of a misdemeanor. (b) This section does not prohibit deputy registrars of voters from receiving compensation when authorized by local ordinance from any candidate, political committee, or statewide political organization for securing the registration of voters. (c) (1) Nothing in this section precludes a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, from engaging in, or being employed in, casual or part-time employment as a private security guard or patrolman for a public entity while off duty from his or her principal employment and outside his or her regular employment as a peace officer of a state or local agency, and exercising the powers of a peace officer concurrently with that employment, provided that the peace officer is in a police uniform and is subject to reasonable rules and regulations of the agency for which he or she is a peace officer. Notwithstanding the above provisions, any and all civil and criminal liability arising out of the secondary employment of any peace officer pursuant to this subdivision shall be borne by the officer’s secondary employer. (2) It is the intent of the Legislature by this subdivision to abrogate the holdings in People v. Corey, 21 Cal.3d 738, and Cervantez v. J.C. Penney Co., 24 Cal.3d 579, to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, by a public entity, while wearing a police uniform as private security guards or patrolmen, and to allow the exercise of peace officer powers concurrently with that employment. (d) (1) Nothing in this section precludes a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, from engaging in, or being employed in, casual or part-time employment as a private security guard or patrolman by a private employer while off duty from his or her principal employment and outside his or her regular employment as a peace officer, and exercising the powers of a peace officer concurrently with that employment, provided that all of the following are true: (A) The peace officer is in his or her police uniform. (B) The casual or part-time employment as a private security guard or patrolman is approved by the county board of supervisors with jurisdiction over the principal employer or by the board’s designee or by the city council with jurisdiction over the principal employer or by the council’s designee. (C) The wearing of uniforms and equipment is approved by the principal employer. (D) The peace officer is subject to reasonable rules and regulations of the agency for which he or she is a peace officer. (2) Notwithstanding the above provisions, a peace officer while off duty from his or her principal employment and outside his or her regular employment as a peace officer of a state or local agency shall not exercise the powers of a police officer if employed by a private employer as a security guard during a strike, lockout, picketing, or other physical demonstration of a labor dispute at the site of the strike, lockout, picketing, or other physical demonstration of a labor dispute. The issue of whether or not casual or part-time employment as a private security guard or patrolman pursuant to this subdivision is to be approved shall not be a subject for collective bargaining. Any and all civil and criminal liability arising out of the secondary employment of any peace officer pursuant to this subdivision shall be borne by the officer’s principal employer. The principal employer shall require the secondary employer to enter into an indemnity agreement as a condition of approving casual or part-time employment pursuant to this subdivision. (3) It is the intent of the Legislature by this subdivision to abrogate the holdings in People v. Corey, 21 Cal. 3d 738, and Cervantez v. J. C. Penney Co., 24 Cal. 3d 579, to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform approved by the principal employer, as private security guards or patrolmen, and to allow the exercise of peace officer powers concurrently with that employment. (e) (1) Nothing in this section precludes a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, from engaging in, or being employed in, other employment while off duty from his or her principal employment and outside his or her regular employment as a peace officer of a state or local agency. (2) Subject to subdivisions (c) and (d), and except as provided by written regulations or policies adopted by the employing state or local agency, or pursuant to an agreement between the employing state or local agency and a recognized employee organization representing the peace officer, no peace officer shall be prohibited from engaging in, or being employed in, other employment while off duty from his or her principal employment and outside his or her regular employment as a peace officer of a state or local agency. (3) If an employer withholds consent to allow a peace officer to engage in or be employed in other employment while off duty, the employer shall, at the time of denial, provide the reasons for denial in writing to the peace officer. (Amended by Stats. 2003, Ch. 104, Sec. 1. Effective January 1, 2004.) - 70.5. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
Commissioners and deputy commissioners of civil marriages must not accept money or other things of value for performing a marriage, except for fees expressly allowed by law or specific exceptions in this section.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 70.5. Every commissioner of civil marriages or every deputy commissioner of civil marriages who accepts any money or other thing of value for performing any marriage pursuant to Section 401 of the Family Code, including any money or thing of value voluntarily tendered by the persons about to be married or who have been married by the commissioner of civil marriages or deputy commissioner of civil marriages, other than a fee expressly imposed by law for performance of a marriage, whether the acceptance occurs before or after performance of the marriage and whether or not performance of the marriage is conditioned on the giving of such money or the thing of value by the persons being married, is guilty of a misdemeanor. It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent. This section does not apply to the request or acceptance by any retired commissioner of civil marriages of a fee for the performance of a marriage. This section is inapplicable to the acceptance of a fee for the performance of a marriage on Saturday, Sunday, or a legal holiday. (Amended by Stats. 1992, Ch. 163, Sec. 100. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.) - 7000. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of Corrections and Rehabilitation must prepare plans for, and construct, facilities and renovations in its master plan when the Legislature has appropriated funds for them.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7000. (a) The Department of Corrections and Rehabilitation shall prepare plans for, and construct facilities and renovations included within, its master plan for which funds have been appropriated by the Legislature. (b) “Master plan” means the department’s “Facility Requirements Plan,” dated April 7, 1980, and any subsequent revisions. (Amended by Stats. 2007, Ch. 175, Sec. 15. Effective August 24, 2007.) - 7001. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
Statutory planning or construction powers for master plan facilities or renovations that are given to the Department of General Services are treated as powers of the department.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7001. Any power, function, or jurisdiction for planning or construction of facilities or renovations pursuant to the master plan which is conferred by statute upon the Department of General Services shall be deemed to be conferred upon the department. (Added by Stats. 1981, Ch. 540, Sec. 6. Effective September 17, 1981.) - 7002. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The department may transfer responsibility for any part of the master plan to the Department of General Services or the Office of the State Architect.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7002. The department may transfer the responsibility for undertaking any aspect of the master plan to the Department of General Services or the Office of the State Architect which, upon such transfer, shall perform those functions with all deliberate speed. (Added by Stats. 1981, Ch. 540, Sec. 6. Effective September 17, 1981.) - 7003. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The department must submit specified planning materials to the Joint Legislative Budget Committee at least 30 days before sending preliminary plans to the State Public Works Board.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7003. For each facility or project included within its master plan, at least 30 days prior to submission of preliminary plans to the State Public Works Board, the department shall submit to the Joint Legislative Budget Committee all of the following: (a) A preliminary plan submittal package, as defined by the State Administrative Manual. (b) An estimate of the annual operating costs of the facility. (c) A staffing plan for the operation of the facility. (d) A plan for providing medical, mental health, and dental care to inmates. (e) A plan for inmate programming at the facility, including education, work, and substance abuse programming. If the committee fails to take any action with respect to the submitted plans within 45 days after submittal, this inaction shall be deemed to be approval for purposes of this section. (Amended by Stats. 2007, Ch. 7, Sec. 18. Effective May 3, 2007.) - 7003.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The department must send quarterly progress reports and an annual project-status report to the Joint Legislative Budget Committee.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7003.5. (a) The department shall provide the Joint Legislative Budget Committee with quarterly reports on the progress of funded projects consistent with the requirements outlined in the State Administrative Manual. This report shall include new prisons, projects to construct inmate housing and other buildings at, or within, existing prison facilities, prison medical, mental health, and dental facilities, reentry facilities, and infrastructure projects at existing prison facilities. (b) On January 10 of each year, the department shall provide a report to the Joint Legislative Budget Committee that includes the status of each project that is part of the master plan, including projects planned, projects in preliminary planning, working, drawing and construction phases, and projects that have been completed. The report shall include new prisons; projects to construct inmate housing and other buildings at or within existing prison facilities; prison medical, mental health, and dental facilities; reentry facilities; and infrastructure projects at existing prison facilities. (c) This section applies to regular prison facilities; projects to expand existing prison facilities; prison medical, mental health, and dental facilities; reentry facilities; and infrastructure projects at existing prison facilities, whether or not built or operated exclusively by the department. (d) The report required in subdivision (b) shall include the following information for adult and juvenile facilities: (1) The department’s plans to remove temporary beds in dayrooms, gyms, and other areas, as well as plans to permanently close or change the mission of the facilities. (2) The department’s plans to construct new facilities, including reentry facilities. (3) The department’s plans to renovate existing facilities and renovate, improve, or expand infrastructure capacity at existing prison facilities. (4) The scope of each project identified in the master plan. (5) The budget for each project identified in the master plan. (6) The schedule for each project identified in the master plan. (7) A master schedule for the overall plan to deliver the department’s capital outlay program including planned versus actual progress to date. (8) Staffing plans for each project identified in the master plan, including program, custody, facilities management, administration, and health care. (9) Total estimated cost of all projects in the master plan by funding source, including planned versus actual expenditures to date. (10) Projected versus actual population plotted against projected versus actual housing capacity in aggregate and by security level. (Amended by Stats. 2007, Ch. 175, Sec. 16. Effective August 24, 2007.) - 7004. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The department must create and maintain a plan for public comment on proposed correctional facility locations, including notice, hearings, and responses to comments.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7004. The plans required pursuant to Section 7000 shall contain the department’s plan for soliciting and receiving local public comment regarding the placement of a correctional facility in any particular community. The plan shall include provision for notice to a community, including the city, county, or city and county, under consideration for construction of a facility within 30 days after the department has identified a possible site for the proposed facility, public hearings on the proposed facility, and dissemination of the response of the department to comments of the community on the proposed facility. The plan developed by the department concerning public comment on placement of correctional facilities shall be submitted to the Legislature and the Governor within 60 days of the effective date of this section. The plan shall be implemented as of the date of submission to the Governor and Legislature with respect to all prospective placements of correctional facilities. The Legislature and the Governor shall also be sent any subsequent changes or revisions of the plan by the department. (Added by Stats. 1984, Ch. 365, Sec. 1. Effective July 10, 1984.) - 7004.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of Corrections and Rehabilitation must meet with city or county representatives, describe the project, and consider their comments when new permanent housing units are being planned, designed, or built.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7004.5. The Department of Corrections and Rehabilitation shall meet with representatives of cities or, if the prison is located in an unincorporated location, counties, whenever the Legislature authorizes the planning, design, or construction of new permanent housing units. The meeting shall take place prior to the completion of the review required by Division 13 (commencing with Section 21000) of the Public Resources Code. The department shall describe the scope of the project and the project schedule, and shall consider comments from the city or county representatives regarding the project’s impact. (Added by Stats. 2007, Ch. 7, Sec. 20. Effective May 3, 2007.) - 7005. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
Mitigation funding must be distributed to certain local government and education entities when qualifying prison-housing or emergency-bed projects create the basis for the funding, if the needed funds are appropriated.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7005. Notwithstanding any other provision of law, mitigation funding shall be distributed to any local education agency, or any city, county, or city and county as a result of the construction of new permanent prison housing facilities, the activation of temporary beds as part of the Emergency Bed Program authorized by the Budget Acts of 1995 and 1996, and any future emergency bed expansions by the Department of Corrections if funds for that purpose are appropriated to the department in the annual Budget Act or any other act approved by the Legislature. (Amended by Stats. 1998, Ch. 593, Sec. 2. Effective January 1, 1999.) - 7005.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
This section splits certain mitigation funds between affected local education agencies and affected cities and counties, and directs how the money must be paid out.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7005.5. (a) Any funds appropriated for mitigation costs pursuant to Section 7005 shall be divided as follows: one-half for allocation among any impacted local education agency, and one-half for allocation among any impacted city, county, or city and county. (b) Any funds appropriated for mitigation of costs of a city, county, or city and county shall be divided among any city, county, or city and county impacted by the prison construction or expansion. (c) Funds to be allocated among any impacted city, county, or city and county shall be paid directly to each impacted entity by the Department of Corrections upon receipt of resolutions adopted by the governing body of each impacted city, county, or city and county indicating agreement by an entity regarding the specific allocations to that entity. Only a local impacted entity whose current approved sphere of influence includes the site of increased inmate housing capacity shall be deemed to be a jurisdiction eligible for mitigation pursuant to Section 7005. (d) Funds to be allocated among any impacted local education agency shall be disbursed to the county superintendent of schools for allocation among any impacted local education agency. (Amended by Stats. 1998, Ch. 593, Sec. 3. Effective January 1, 1999.) - 7006. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of the Youth Authority may transfer title to unused property at two named facilities to the Department of Corrections.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7006. (a) The Department of the Youth Authority is authorized to transfer to the Department of Corrections title to any property of the Preston School of Industry at Ione not currently being used by the Department of the Youth Authority. (b) The Department of the Youth Authority is authorized to transfer to the Department of Corrections title to any property of the Northern California Youth Center near Stockton not currently being used by the Department of the Youth Authority. (Amended by Stats. 1984, Ch. 1743, Sec. 3. Effective September 30, 1984.) - 7008. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
This section exempts a specified prison-bed addition at San Gabriel Canyon from Division 13 of the Public Resources Code if the department makes required findings, including limits on capacity increase, internal-only modifications, and no significant depletion of environmental resources.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7008. (a) Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to the addition of 150 Level I and Level II beds authorized by Section 5 of this act at San Gabriel Canyon, provided that the department has made the following finding with respect to that facility: (1) The increase in bed capacity, if any, shall not exceed, 5 percent of the total capacity of the facility prior to the increase. (2) Any modifications made to existing structures are internal only. No external additions to existing structures or construction of new structures shall be done. Modular structures used exclusively for prisoner program activity shall be exempt from this requirement. (3) Any modifications to a facility shall not result in a significant depletion in water, sewage, or other environmental resources. The department shall present substantial evidence that this requirement has been met in the findings described in subdivision (b). (b) The department shall make findings that the requirements of subdivision (a) have been met, and shall make the findings available to the public. (Added by Stats. 1985, Ch. 933, Sec. 2. Effective September 25, 1985.) - 701. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
An information may be laid before certain magistrates if a person has threatened to commit an offense against another person or that person’s property.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 701. An information may be laid before any of the magistrates mentioned in Section 808, that a person has threatened to commit an offense against the person or property of another. (Enacted 1872.) - 701.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
Peace officers generally may not use children or teens as minor informants, unless a court order is obtained for a person under 18 and a narrow statutory exception applies.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 701.5. (a) Notwithstanding subdivision (b), no peace officer or agent of a peace officer shall use a person who is 12 years of age or younger as a minor informant. (b) No peace officer or agent of a peace officer shall use a person under the age of 18 years as a minor informant, except as authorized pursuant to the Stop Tobacco Access to Kids Enforcement Act (Division 8.5 (commencing with Section 22950) of the Business and Professions Code) for the purposes of that act, unless the peace officer or agent of a peace officer has obtained an order from the court authorizing the minor’s cooperation. (c) Prior to issuing any order pursuant to subdivision (b), the court shall find, after consideration of (1) the age and maturity of the minor, (2) the gravity of the minor’s alleged offense, (3) the safety of the public, and (4) the interests of justice, that the agreement to act as a minor informant is voluntary and is being entered into knowingly and intelligently. (d) Prior to the court making the finding required in subdivision (c), all of the following conditions shall be satisfied: (1) The court has found probable cause that the minor committed the alleged offense. The finding of probable cause shall only be for the purpose of issuing the order pursuant to subdivision (b), and shall not prejudice the minor in any future proceedings. (2) The court has advised the minor of the mandatory minimum and maximum sentence for the alleged offense. (3) The court has disclosed the benefit the minor may obtain by cooperating with the peace officer or agent of a peace officer. (4) The minor’s parent or guardian has consented to the agreement by the minor unless the parent or guardian is a suspect in the criminal investigation. (e) For purposes of this section, “minor informant” means a minor who participates, on behalf of a law enforcement agency, in a prearranged transaction or series of prearranged transactions with direct face-to-face contact with any party, when the minor’s participation in the transaction is for the purpose of obtaining or attempting to obtain evidence of illegal activity by a third party and where the minor is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition against the minor. (Added by Stats. 1998, Ch. 833, Sec. 1. Effective September 25, 1998.) - 7010. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Director of Corrections may solicit bids for prison-facility leases or lease-purchases in Los Angeles County, but cannot accept or execute them until they have been reviewed and approved under Section 7003.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7010. (a) The Director of Corrections may solicit bids for any lease or lease-purchase for the establishment of a prison facility for a site in Los Angeles County. (b) The director may not accept any lease or lease-purchase bid or execute any lease or lease-purchase agreement unless and until the bid or agreement is submitted for review and approval under the procedure described in Section 7003. (c) Any lease or lease-purchase agreement executed pursuant to this section shall contain, as a condition of the agreement, stipulations requiring compliance with the provisions of Chapter 1 (commencing with Section 1720) of Part 7 of the Labor Code in the construction of any facility within the scope of the agreement. (Added by Stats. 1984, Ch. 1742, Sec. 1.) - 7011. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of Corrections must send an environmental assessment study to specified local and state bodies at least 30 days before buying the land for the prison facility; the committee must hold a public hearing in Corcoran within 30 days and the State Public Works Board cannot act until it gets the committee’s recommendation.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7011. (a) The Department of Corrections shall submit to the Joint Legislative Prison Committee, the Kings County Board of Supervisors, the Corcoran City Council, and the State Public Works Board, at least 30 days prior to the acquisition of real property for a prison facility to be located in the vicinity of Corcoran in Kings County, an environmental assessment study, which shall include a discussion of impacts and mitigation measures, if necessary, for the following areas: (1) Geology. (2) Hydrology—groundwater. (3) Water quality—surface waters. (4) Plant and animal life—endangered and rare species. (5) Air quality. (6) Noise. (7) Light and glare. (8) Transportation and circulation. (9) Utilities—gas, electricity, telephone, solid waste, sewage disposal, and drinking water. (10) Archaeology. (11) Energy. (b) The factors set forth in subdivision (a) shall be assessed only as they relate to the direct impacts caused off the site as a result of the construction, operation, and maintenance of the prison facility upon completion and occupancy. (c) Notwithstanding any other provisions of law, other than Section 7003 and those provisions of the Government Code that require the approval of the State Public Works Board, the Department of Finance, or the Director of Finance for capital outlay projects, the approval of the study by the State Public Works Board is the only approval required for the acquisition of real property, planning, design, and construction of the prison facility and the operation and maintenance of the facility. The State Public Works Board shall not act on the study until it receives a recommendation from the Joint Legislative Prison Committee. Approval of the study by the State Public Works Board shall be final and binding on all parties. (d) If the committee does not, by a majority vote of the committee membership, take any action on the study within 30 days after submittal, that inaction shall be deemed to be a recommendation of concurrence for the purposes of this section. (e) Prior to providing a recommendation to the State Public Works Board, but within the 30-day period specified in subdivision (d), the committee shall hold a public hearing in Corcoran. Notice of the hearing shall be published in a newspaper of general circulation in, or adjacent to, Corcoran. The notice shall be at least one-quarter page in size. The Corcoran City Council and the Kings County Board of Supervisors shall be invited to participate in the hearing. (Added by Stats. 1985, Ch. 931, Sec. 2. Effective September 25, 1985.) - 7012. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of Corrections must submit an environmental assessment study before acquiring prison property in Riverside or Del Norte Counties, and the committee must hold a public hearing within 30 days after submittal.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7012. (a) The Department of Corrections shall submit to the Joint Legislative Prison Committee, the State Public Works Board, the appropriate county board of supervisors, and the local city council at least 30 days prior to the acquisition of real property for prison facilities to be located in Riverside and Del Norte Counties, an environmental assessment study, which shall include a discussion of impacts and mitigation measures, if necessary, for the following areas: (1) Geology. (2) Hydrology-groundwater. (3) Water quality-surface waters. (4) Plant and animal life-endangered and rare species. (5) Air quality. (6) Noise. (7) Light and glare. (8) Utilities-gas, electricity, telephone, solid waste, sewage disposal, and drinking water. (9) Archaeology. (10) Energy. (b) The factors set forth in subdivision (a) shall be assessed only as they relate to the direct impacts caused off the site as a result of the construction, operation, and maintenance of the prison facility upon completion and occupancy. (c) Notwithstanding any other provision of law, other than Section 7003, the approval of the study by the State Public Works Board is the only approval required for compliance with any applicable environmental requirements. The Public State Works Board shall not act on the study until it receives a recommendation from the Joint Legislative Prison Committee. Approval of the study by the State Public Works Board shall be final and binding on all parties. (d) If the committee does not, by a majority vote of the committee membership, take any action on the study within 30 days after submittal, that inaction shall be deemed to be a recommendation of concurrence for the purposes of this section. (e) Prior to providing a recommendation to the State Public Works Board, but within the 30-day period specified in subdivision (d), the committee shall hold a public hearing in the community in the vicinity of the proposed site. Notice of the hearing shall be published in a newspaper of general circulation in, or adjacent to, that community. The notice shall be at least one-quarter page in size. The city council and the county board of supervisors shall be invited to participate in the hearing. (Amended by Stats. 2001, Ch. 854, Sec. 57. Effective January 1, 2002.) - 7013. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of Corrections must contract, or try in good faith to contract, with the Department of Water Resources or the Bureau of Reclamation, or both, to secure water for the prison at Avenal.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7013. The Department of Corrections shall contract, or make a good-faith effort to contract, with the Department of Water Resources or the Bureau of Reclamation, or both, to secure a water supply for the prison at Avenal. (Added by Stats. 1985, Ch. 931, Sec. 2.5. Effective September 25, 1985.) - 7015. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of Corrections may contract with the City of Folsom to build a courthouse and related facilities, but only under stated conditions and cost limits.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7015. (a) Except as provided in subdivision (b), the Department of Corrections may contract with the City of Folsom for the construction of a courthouse and related facilities, not to exceed one million nine hundred thousand dollars ($1,900,000) in costs. Under this contract, the Department of Corrections is authorized to make payments to the City of Folsom in consideration for the construction of the courthouse, provided that the sums paid to the city are realized from savings to the department by the location of the courthouse in the immediate proximity of Folsom Prison. Under this contract, the Department of Corrections is authorized to make annual payments to the City of Folsom in an amount not to exceed the approximate savings realized in each fiscal year. These funds shall come from the operating budget of the department. In negotiating this contract, the Department of Corrections shall note the extent to which the courthouse will serve the interests of the County of Sacramento independent of matters pertaining to individuals in state custody and shall seek appropriate participation in the funding of the courthouse from the county. (b) The Department of Corrections may not contract with the City of Folsom for a court facility unless a majority of the members of the Sacramento County Board of Supervisors, the presiding judge of the Sacramento County Municipal Court, and the presiding judge of the Sacramento County Superior Court all agree, in writing, to operate a court facility in the City of Folsom as provided by subdivision (a). (Added by Stats. 1988, Ch. 1393, Sec. 2.) - 7016. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
The Department of Corrections may contract with the County of Kern to build and finance a courthouse and related facilities, and may make payments under that contract from savings tied to locating the courthouse near the California Correctional Facility in Tehachapi.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7016. The Department of Corrections may contract with the County of Kern for the construction and financing of a courthouse and related facilities. Under this contract, the Department of Corrections is authorized to make payments to the County of Kern in consideration for the construction and financing of the courthouse and related facilities, provided that the sums paid to the county are realized from savings to the department by the location of the courthouse in the proximity of the California Correctional Facility in Tehachapi. In accordance with the contract, the Department of Corrections is authorized to make annual payments to the County of Kern from the approximate savings realized in each fiscal year. These funds shall come from the operating budget of the department. In negotiating this contract, the Department of Corrections shall note the extent to which the courthouse will serve the interest of the County of Kern independent of matters pertaining to individuals in state custody, and seek appropriate county participation in funding. (Added by Stats. 1988, Ch. 1400, Sec. 2.) - 702. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If information is laid before a magistrate, the magistrate must examine the informer and any witness on oath, take their depositions in writing, and have the depositions subscribed by the people making them.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 702. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing, and cause them to be subscribed by the parties making them. (Enacted 1872.) - 703. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If depositions show good reason to fear the threatened offense, the magistrate must issue a warrant and direct an officer to arrest the accused and bring them before the magistrate.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 703. If it appears from the depositions that there is just reason to fear the commission of the offense threatened, by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any marshal, or policeman in the state, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him or her before the magistrate. (Amended by Stats. 1996, Ch. 872, Sec. 113. Effective January 1, 1997.) - 704. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If the charge is disputed when the accused is brought before the magistrate, the magistrate must take testimony. The evidence must be written down and signed by the witnesses, and the magistrate may also order shorthand transcription and appoint a shorthand reporter.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 704. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence shall be reduced to writing and subscribed by the witnesses. The magistrate may, in his or her discretion, order the testimony and proceedings to be taken down in shorthand, and for that purpose he or she may appoint a shorthand reporter. The deposition or testimony of the witnesses shall be authenticated in the form prescribed in Section 869. (Amended by Stats. 1987, Ch. 828, Sec. 48.) - 705. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If there is no just reason to fear the threatened offense, the person complained of must be discharged.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 705. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged. (Enacted 1872.) - 7050. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. )
This section allocates $300 million for prison-facility capital projects and requires reporting and oversight for the spending and project scope.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 11. Master Plan Construction [7000 - 7050] ( Chapter 11 added by Stats. 1981, Ch. 540, Sec. 6. ) ## 7050. (a) (1) Section 28 of Chapter 7 of the Statutes of 2007 contains an appropriation of three hundred million dollars ($300,000,000) for capital outlay to be allocated to renovate, improve, or expand infrastructure capacity at existing prison facilities. The funds appropriated by that section may be used for land acquisition, environmental services, architectural programming, engineering assessments, schematic design, preliminary plans, working drawings, and construction. (2) These funds may also be used to address deficiencies related to utility systems owned by local government entities and serving state prison facilities subject to the provisions of Section 54999 of the Government Code. The department shall report on any funds to be expended for this purpose to the Joint Legislative Budget Committee. If the committee fails to take any action with respect to each notification within 20 days after submittal, this inaction shall be deemed to be approval for purposes of this section. (3) These funds may also be used for the design and construction of improvements to dental facilities at state prison facilities. (4) These funds may also be used for the design and construction of improvements to medication distribution facilities at state prison facilities. (5) These funds may also be used for the design and construction of projects in the Health Care Facility Improvement Program at state prison facilities. (6) This subdivision authorizes the scope and cost of a single capital outlay project for purposes of calculating augmentations pursuant to Section 13332.11 or 13332.19. (b) The scope and costs of the projects described in subdivision (a) of this section shall be subject to approval and administrative oversight by the State Public Works Board, including augmentations, pursuant to Section 13332.11 or 13332.19 of the Government Code. The availability of an augmentation for each individual project allocation shall be based on the total applicable capital outlay appropriation contained in Section 28 of Chapter 7 of the Statutes of 2007 and is not limited to 20 percent of the individual project allocation. These requirements shall be applied separately to each institution. All of the necessary infrastructure improvements at each institution may be treated as one project such that there would be one infrastructure improvement project at each institution. The scope and cost of each infrastructure improvement project shall be established by the board individually. The amount of the total appropriation in Section 28 of Chapter 7 of the Statutes of 2007 that is necessary for each infrastructure improvement project shall be allocated by institution. The appropriation may be allocated based on current estimates. These initial allocations may be adjusted commensurate to changes that occur during the progression of the projects. As allocations are made or adjusted, the anticipated deficit or savings shall be continuously tracked and reported. Once the total appropriation has been allocated, any augmentation necessary to fund an anticipated deficit shall be based on the total appropriation and allocated to each project as necessary. Concurrent with the request to the board to establish each project authorized pursuant to this section, the Department of Corrections and Rehabilitation shall report the associated scope, cost, and schedule information to the Joint Legislative Budget Committee. (c) The projects authorized pursuant to this section shall be part of the Department of Corrections and Rehabilitation’s master plan, as defined in Section 7000. (d) The reporting requirements set forth in Sections 7000 to 7003.5, inclusive, shall apply separately to each project authorized pursuant to this section. (Amended by Stats. 2014, Ch. 26, Sec. 35. (AB 1468) Effective June 20, 2014.) - 706. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If there is reason to fear an offense, a magistrate may require the complained-of person to post an undertaking to keep the peace.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 706. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding five thousand dollars, as the magistrate may direct, to keep the peace towards the people of this state, and particularly towards the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required. (Amended by Stats. 1982, Ch. 517, Sec. 315.) - 707. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If the required undertaking is not given, the magistrate must commit the person to prison and state the security requirement, amount, and failure in the warrant.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 707. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same. (Enacted 1872.) - 708. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
A magistrate may discharge a person who was committed for not giving the required undertaking if that person gives the undertaking.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 708. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same. (Enacted 1872.) - 709. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
The magistrate must file the undertaking in the county clerk’s office.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 709. The undertaking must be filed by the magistrate in the office of the Clerk of the county. (Enacted 1872.) - 71. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
A person commits a public offense if, by a directly communicated threat of unlawful injury, they try to make certain educational or public officers or employees act or not act in their duties.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out, is guilty of a public offense punishable as follows: (1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment. (2) If the person has been previously convicted of a violation of this section, such previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (b) As used in this section, “directly communicated” includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. (Amended by Stats. 2011, Ch. 15, Sec. 236. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 710. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
A person who acts aggressively or threatens violence in front of a court or magistrate may be ordered to give security, and can be committed if they refuse.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 710. A person who, in the presence of a Court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the Court or magistrate to give security, as in this Chapter provided, and if he refuse to do so, may be committed as provided in Section 707. (Enacted 1872.) - 711. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If the person informed against is convicted of a breach of the peace, the undertaking is broken.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 711. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken. (Enacted 1872.) - 712. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
If the District Attorney presents evidence of a conviction to the county Superior Court, the Court must order the undertaking prosecuted, and the District Attorney must start an action on it in the name of the people of the State.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 712. Upon the District Attorney’s producing evidence of such conviction to the Superior Court of the county, the Court must order the undertaking to be prosecuted, and the District Attorney must thereupon commence an action upon it in the name of the people of this State. (Amended by Code Amendments 1880, Ch. 56.) - 713. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
The offense stated in the record of conviction must be alleged as a breach of the undertaking, and that record is conclusive evidence of the breach.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 713. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach. (Enacted 1872.) - 714. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. )
Security to keep the peace or to be of good behavior can be required only as this chapter allows.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 3. Security to Keep the Peace [701 - 714] ( Chapter 3 enacted 1872. ) ## 714. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this Chapter. (Enacted 1872.) - 72. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
A person who, with intent to defraud, presents a false or fraudulent claim or similar document to certain state or local boards or officers for allowance or payment is punishable by jail, a fine, or both.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 72. Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. As used in this section “officer” includes a “carrier,” as defined in subdivision (a) of Section 14124.70 of the Welfare and Institutions Code, authorized to act as an agent for a state board or officer or a county, city, or district board or officer, as the case may be. (Amended by Stats. 2011, Ch. 15, Sec. 237. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 72.5. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
It is a crime to knowingly submit a claim for public reimbursement tied to attending or entering certain political functions.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 72.5. (a) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred in attending a political function organized to support or oppose any political party or political candidate, presents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay such claims, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. (b) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred to gain admittance to a political function expressly organized to support or oppose any ballot measure, presents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay those claims is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 238. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 723. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. )
A sheriff or other authorized public officer may order county inhabitants to help overcome resistance to executing process, and if needed, to seize, arrest, and confine those resisting and their helpers.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. ) ## 723. When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend, that resistance will be made to the execution of the process, the officer may command as many able-bodied inhabitants of the officer’s county as he or she may think proper to assist in overcoming the resistance and, if necessary, in seizing, arresting, and confining the persons resisting, and their aiders and abettors. (Amended by Stats. 1988, Ch. 160, Sec. 128.) - 724. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. )
An officer must certify to the court the names of people resisting the process and their aiders and abettors.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. ) ## 724. The officer must certify to the Court from which the process issued the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt of Court. (Enacted 1872.) - 726. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. )
If people are unlawfully or riotously assembled, the county sheriff, deputies, or town or city officials must go to them and order them to disperse immediately.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. ) ## 726. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his or her deputies, the officials governing the town or city, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse. (Amended by Stats. 1998, Ch. 931, Sec. 355. Effective September 28, 1998.) - 727. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. )
If people assembled in a riot do not immediately disperse, magistrates and officers must arrest them.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES [692 - 727] ( Title 1 enacted 1872. ) ## CHAPTER 5. Suppression of Riots [723 - 727] ( Chapter 5 enacted 1872. ) ## 727. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county. (Enacted 1872.) - 73. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
A person must not give or offer a gratuity or reward in exchange for being appointed to a public office or being allowed to perform its duties.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 73. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor. (Enacted 1872.) - 7300. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
This chapter is named the New Prison Construction Bond Act of 1986 and may be cited by that name.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7300. This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1986. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7301. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
This section adopts the State General Obligation Bond Law for these bonds and limits each bond series to a maximum maturity of 20 years.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7301. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of the bonds shall not exceed 20 years from the date of each respective series. The maturity of each respective series shall be calculated from the date of such series. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7302. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
This section creates the 1986 Prison Construction Fund in the State Treasury and says bond proceeds must be deposited into it.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7302. There is in the State Treasury the 1986 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by this act shall be deposited in this fund and may be transferred upon request of the Department of Corrections and upon approval of the Director of Finance, to the 1984 Prison Construction Fund established by Section 7202. If the moneys are so transferred, “fund” means the 1984 Prison Construction Fund. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7303. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
This section creates the 1986 Prison Construction Committee and sets who serves on it.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7303. The 1986 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the State Treasurer, and the Director of Finance. That committee shall be the “committee,” as that term is used in the State General Obligation Bond Law. The Department of Corrections is the “board” for the purpose of the State General Obligation Bond Law and this chapter. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7304. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
The committee may create state debt or liabilities up to $500,000,000, following the procedures in this chapter.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7304. The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate of five hundred million dollars ($500,000,000), in the manner provided in this chapter. That debt or debts, liability or liabilities, shall be created for the purpose of providing the fund to be used for the object and work specified in Section 7306. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7305. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
The committee may decide whether to issue authorized bonds and how many to issue, and it may authorize the Treasurer to sell them.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7305. The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold. The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Treasurer. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7306. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
Money in the fund must be spent only on specified corrections facility purposes.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7306. The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult corrections facilities. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7307. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
Bond sales create binding state obligations, and California must collect enough revenue annually to pay principal and interest on them.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7307. (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereon. (b) There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state, as shall be required to pay the principal and interest on those bonds, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of that revenue to do and perform each and every act which shall be necessary to collect that additional sum. (c) All money deposited in the fund which has been derived from premium and accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (d) All money deposited in the fund pursuant to any provision of law requiring repayments to the state which are financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund that money shall be applied as a reimbursement to the General Fund on account of principal and interest on the bonds which has been paid from the General Fund. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7308. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
The General Fund is appropriated for this chapter in an amount needed to pay bond principal and interest and to carry out Section 7309.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7308. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following: (a) That sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to the provisions of this chapter. (b) That sum as is necessary to carry out the provisions of Section 7309, which sum is appropriated without regard to fiscal years. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7309. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
The Director of Finance may authorize withdrawals from the General Fund by executive order for this chapter, up to the amount of unsold bonds approved for sale.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7309. For the purpose of carrying out the provisions of this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the committee in accordance with this chapter. Any money made available under this section to the board shall be returned by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. Those withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Fund. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7309.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
If the Treasurer sells certain bonds, the Treasurer may keep separate accounts for bond proceeds and earnings and may use them for federal tax-related payments or other federal-law actions.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7309.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 19.) - 7310. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
Bond sale proceeds must be used for the section 7306 purpose and may not be transferred to the General Fund to pay bond principal and interest.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7310. All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7306 but shall not be available for transfer to the General Fund to pay principal and interest on bonds. The money in the fund may be expended only as herein provided. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 7311. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. )
Money in the fund may be spent only if the Legislature has appropriated it.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 14. New Prison Construction Bond Act of 1986 [7300 - 7311] ( Chapter 14 added by Stats. 1986, Ch. 409, Sec. 1. ) ## 7311. Money in the fund may only be expended pursuant to appropriations by the Legislature. (Added by Stats. 1986, Ch. 409, Sec. 1. Approved in Proposition 54 at the November 4, 1986, election.) - 737. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. )
Felonies must be prosecuted by indictment or information, unless Section 859a applies. Proceedings under Government Code Section 3060 must be prosecuted by accusation.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. ) ## 737. All felonies shall be prosecuted by indictment or information, except as provided in Section 859a. A proceeding pursuant to Section 3060 of the Government Code shall be prosecuted by accusation. (Amended by Stats. 1998, Ch. 931, Sec. 356. Effective September 28, 1998.) - 738. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. )
Before an information is filed, a preliminary examination and an order holding the defendant to answer are required, and the preliminary examination must be started by written complaint.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. ) ## 738. Before an information is filed there must be a preliminary examination of the case against the defendant and an order holding him to answer made under Section 872. The proceeding for a preliminary examination must be commenced by written complaint, as provided elsewhere in this code. (Added by Stats. 1951, Ch. 1674.) - 739. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. )
After a defendant is examined and committed under Section 872, the county district attorney must file an information in the superior court within 15 days.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. ) ## 739. When a defendant has been examined and committed, as provided in Section 872, it shall be the duty of the district attorney of the county in which the offense is triable to file in the superior court of that county within 15 days after the commitment, an information against the defendant which may charge the defendant with either the offense or offenses named in the order of commitment or any offense or offenses shown by the evidence taken before the magistrate to have been committed. The information shall be in the name of the people of the State of California and subscribed by the district attorney. (Added by Stats. 1951, Ch. 1674.) - 74. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
A public officer who takes a gratuity or reward to appoint someone to office or let them perform the officer’s duties can be fined, lose the office, and be permanently barred from holding office in the state.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 74. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding ten thousand dollars ($10,000), and, in addition thereto, forfeits his office and is forever disqualified from holding any office in this state. (Amended by Stats. 1983, Ch. 1092, Sec. 234. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 740. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. )
Misdemeanors and infractions must be prosecuted by a written complaint under oath, unless another law provides otherwise.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. ) ## 740. Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. Such complaint may be verified on information and belief. (Amended by Stats. 1998, Ch. 931, Sec. 357. Effective September 28, 1998.) - 7400. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
This chapter is named the New Prison Construction Bond Act of 1988 and may be cited by that title.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7400. This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1988. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7401. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
This section adopts the State General Obligation Bond Law for bonds issued under the chapter and limits each bond series to a maximum maturity of 20 years from its series date.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7401. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of the bonds shall not exceed 20 years from the date of each respective series. The maturity of each respective series shall be calculated from the date of that series. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7402. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
Bond sale proceeds must be deposited into the 1988 Prison Construction Fund, and they may be transferred to other prison construction funds if the Department of Corrections requests it and the Director of Finance approves.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7402. There is in the State Treasury the 1988 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by this act shall be deposited in the fund, and may be transferred upon request of the Department of Corrections and upon approval of the Director of Finance, to the New Prison Construction Fund established by Section 7102, the 1984 Prison Construction Fund established by Section 7202, or the 1986 Prison Construction Fund established by Section 7302, or any combination thereof. If the moneys are so transferred, “fund” means the New Prison Construction Fund, 1984 Prison Construction Fund, or 1986 Prison Construction Fund, or any combination thereof, as is appropriate. At least 30 days prior to requesting a transfer as authorized by this section, the Department of Corrections shall notify the chairpersons of the fiscal committees in each house of the Legislature, and the Chairperson and the Vice Chairperson of the Joint Legislative Budget Committee. (Amended (as proposed to be added by Stats. 1988, Ch. 43) by Stats. 1988, Ch. 386, Sec. 3. Approved, in this amended form, in Proposition 80 at the November 8, 1988, election.) - 7403. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
This section creates the 1988 Prison Construction Committee and sets its membership.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7403. The 1988 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance. That committee shall be the “committee,” as that term is used in the State General Obligation Bond Law. The Department of Corrections is the “board” for the purpose of the State General Obligation Bond Law and this chapter. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7404. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
The committee is authorized to create State debt up to $817 million, excluding refunding bonds.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7404. The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal amount of eight hundred seventeen million dollars ($817,000,000), exclusive of refunding bonds, in the manner provided in this chapter. That debt or debts, liability or liabilities, shall be created for the purpose of providing the fund to be used for the object and work specified in Section 7406. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7405. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
The committee may decide whether bonds should be issued under this chapter and how many, and may authorize the Treasurer to sell them.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7405. The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold. The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Treasurer. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7406. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
Money in the fund must be spent on correctional facility projects, and administrative costs for certain bond act administration may not exceed 1.5%.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7406. (a) Except as provided in subdivision (b), the moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctional facilities. (b) Of the moneys in the fund, forty million dollars ($40,000,000) is hereby appropriated to the Board of Corrections to fund those projects entitled to be funded under subdivision (c) of Section 3 of Chapter 444 of the Statutes of 1984, as amended, to the extent that those projects have not received full funding and for any costs associated with the sale of bonds and any administrative costs incurred by the Board of Corrections in the administration of the County Jail Capital Expenditure Bond Acts of 1981 and 1984 and the County Correctional Facility Capital Expenditure Bond Act of 1986. (c) Notwithstanding subdivision (b) of Section 11 of Chapter 1519 of the Statutes of 1986 or any other provision of law to the contrary, and subject to the annual Budget Act appropriations by the Legislature, administrative costs shall not exceed 11/2 percent of the amount allocated for any costs incurred by the Board of Corrections in the administration of the County Jail Capital Expenditure Bond Acts of 1981 and 1984 and the County Correctional Facility Capital Expenditure Bond Act of 1986. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7407. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
The section says California bonds are backed by the state’s full faith and credit, and state officers must collect revenue needed to pay bond principal and interest. Certain money in the fund may be transferred to the General Fund.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7407. (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal thereof and interest thereon. (b) There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state, as shall be required to pay the principal of and interest on those bonds, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of that revenue to do and perform each and every act which shall be necessary to collect that additional sum. (c) All money deposited in the fund which has been derived from premiums or accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (d) All money deposited in the fund pursuant to any provision of law requiring repayments to the state which are financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund that money shall be applied as a reimbursement to the General Fund on account of the principal of and interest on the bonds which has been paid from the General Fund. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7408. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
The state appropriates money from the General Fund for this chapter, including amounts needed to pay bond principal and interest and to carry out Section 7409.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7408. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following: (a) That sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to this chapter. (b) That sum as is necessary to carry out the provisions of Section 7409, which sum is appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7409. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
The Director of Finance may authorize withdrawals from the General Fund for this chapter, and the withdrawn money must be deposited, disbursed by the committee, and later returned with interest.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7409. For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the committee in accordance with this chapter. Any money made available under this section to the board shall be returned by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. Those withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Account. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7409.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
If the Treasurer sells certain bonds with a qualifying bond counsel opinion, the Treasurer may manage the bond proceeds in separate accounts and use them for federal tax-related payments or other actions needed to preserve tax-exempt status.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7409.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 20.) - 741. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. )
The Department of Justice must publish race-blind charging guidelines, and prosecution agencies must use a redacted initial charging review process.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. ) ## 741. (a) Beginning January 1, 2024, the Department of Justice shall develop, issue, and publish “Race-Blind Charging” guidelines for a process whereby all prosecution agencies, for purposes of this section defined as agencies, or branches of agencies, that prosecute criminal violations of the law as felonies or misdemeanors, shall implement a process by which an initial review of a case for potential charging is performed based on information, including police reports and criminal histories from the Department of Justice, from which direct means of identifying the race of the suspect, victim, or witness have been removed or redacted. (b) Following the department’s guidelines, prosecution agencies shall independently develop and execute versions of this redaction and review process with the following general criteria: (1) Beginning January 1, 2025, cases received from law enforcement agencies and suspect criminal history documentation shall be redacted, by the receiving prosecution agency, in order to be used for a race-blind initial charging evaluation, which shall precede the ordinary charging evaluation. This redaction may occur in a separate version of the documents and may be done mechanically, by hand performed by personnel not associated with the charging of the case, or by automation with the use of computer programming, so long as the method used reasonably ensures correct redaction. The redaction may be applied to the entire report or to only the “narrative” portion of the report so long as the portion submitted for initial review is sufficient to perform that review and the unredacted portions are not part of the initial charging evaluation. (2) The initial charging evaluation based on redacted information, including redacted reports, criminal histories, and narratives, shall determine whether the case should be charged or not be charged. Individual charges shall not be determined at this initial charging evaluation stage. Other evidence may be considered as part of this initial charging evaluation so long as the other evidence does not reveal redacted facts. The initial charging evaluation shall be performed by a prosecutor who does not have knowledge of the redacted facts for that case. (3) After completion of a race-blind initial charging evaluation, the case shall proceed to a second, complete review for charging using unredacted reports and all available evidence in which the most applicable individual charges and enhancements may be considered and charged in a criminal complaint, or the case may be submitted to a grand jury. (4) (A) Each of the following circumstances shall be documented as part of the case record: (i) The initial charging evaluation determined that the case not be charged and the second review determined that a charge shall be filed. (ii) The initial charging evaluation determined that the case shall be charged and the second review determined that no charge be filed. (B) The explanation for the charging decision change shall be documented as part of the case record. (C) The documented change between the result of the initial charging evaluation and the second review, as well as the explanation for the change, shall be disclosed, upon request, after sentencing in the case or dismissal of all charges comprising the case, subject to Section 1054.6 or any other applicable law. (5) If a prosecution agency was unable to put a case through a race-blind initial charging evaluation, the reason for that inability shall be documented and retained by the agency. This documentation shall be made available by the agency upon request. (6) The county shall collect the data resulting from the race-blind initial charging evaluation process and make the data available for research purposes. (c) Each prosecution agency may remove or exclude certain classes of crimes or factual circumstances from a race-blind initial charging evaluation. This list of exclusions and the reasons for exclusion shall be available upon request to the Department of Justice and members of the public. Due to the increased reliance on victim or witness credibility, the availability of additional defenses, the increased reliance on forensics for the charging decision, or the relevance of racial animus to the charging decision, each of the following crimes may be excluded from a race-blind initial charging evaluation process: (1) Homicides. (2) Hate crimes. (3) Charges arising from a physical confrontation where that confrontation is captured in video as evidence. (4) Domestic violence and sex crimes. (5) Gang crimes. (6) Cases alleging either sexual assault or physical abuse or neglect where the charging decision relies upon either a forensic interview of a child or interviews of multiple victims or multiple defendants. (7) Cases involving financial crimes where the redaction of documentation is not practicable or is cost prohibitive due to the volume of redactions, including, but not limited to, violations of Sections 368 and 503 and other crimes sounding in fraud consisting of voluminous documentation. (8) Cases involving public integrity, including, but not limited to, conflict of interest crimes under Section 1090 of the Government Code. (9) Cases in which the prosecution agency itself investigated the alleged crime or participated in the precharging investigation of the crime by law enforcement, including, but not limited to, the review of search warrants or advising law enforcement in the course of the investigation. (10) Cases in which the prosecution agency initiated the charging and filing of the case by way of a grand jury indictment or where the charges arose from a grand jury investigation. (Added by Stats. 2022, Ch. 806, Sec. 2. (AB 2778) Effective January 1, 2023.) - 7410. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
The board may request a loan from the Pooled Money Investment Board, must keep the request within the authorized unsold bonds amount, must sign required documents, and loaned amounts must be deposited into the fund.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7410. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7411. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
Bonds issued and sold under this chapter may be refunded with refunding bonds, following the referenced Government Code procedure.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7411. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7412. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
Bond-sale proceeds must be used for the Section 7406 purpose and cannot be transferred to the General Fund to pay bond principal or interest; fund money may be spent only as provided here.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7412. All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7406 but shall not be available for transfer to the General Fund to pay the principal of and interest on bonds. The money in the fund may be expended only as herein provided. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7413. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
Money in the fund may be spent only if the Legislature has appropriated it.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7413. Money in the fund may only be expended pursuant to appropriations by the Legislature. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7414. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. )
The Legislature declares that bond-sale proceeds under this chapter are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 15. New Prison Construction Bond Act of 1988 [7400 - 7414] ( Chapter 15 added by Stats. 1988, Ch. 43, Sec. 2. ) ## 7414. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.) - 7420. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
This chapter is named the New Prison Construction Bond Act of 1990 and may be cited by that name.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7420. This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1990. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7421. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
This section adopts the State General Obligation Bond Law for the chapter’s bonds and caps each series’ maturity at 20 years.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7421. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of the bonds shall not exceed 20 years from the date of each respective series. The maturity of each respective series shall be calculated from the date of that series. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7422. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The Department of Corrections must give notice at least 30 days before requesting certain bond-fund financing, and some appropriations may be funded from the 1990 Prison Construction Fund if the Department requests it and the Director of Finance approves.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7422. There is in the State Treasury the 1990 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by this chapter shall be deposited in the fund. Upon request of the Department of Corrections and upon approval of the Director of Finance, appropriations or augmentations to appropriations made from the 1984 Prison Construction Fund established by Section 7202, the 1986 Prison Construction Fund established by Section 7302, or the 1988 Prison Construction Fund established by Section 7402, or any combination thereof, may be funded from the 1990 Prison Construction Fund. If the moneys are so funded, “fund” means the 1984 Prison Construction Fund, the 1986 Prison Construction Fund, or the 1988 Prison Construction Fund, or any combination thereof, as is appropriate. At least 30 days prior to requesting funding for appropriations or augmentations to appropriations for other bond acts as authorized by this section, the Department of Corrections shall notify the chairpersons of the fiscal committees in each house of the Legislature, and the chairperson and the vice chairperson of the Joint Legislative Budget Committee. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7423. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
This section creates the 1990 Prison Construction Committee, sets who serves on it, lets a majority act for it, and requires the Treasurer to chair it.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7423. The 1990 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance, or their designated representatives. A majority may act for the committee. The Treasurer shall chair the committee. That committee shall be the “committee,” as that term is used in the State General Obligation Bond Law. When funds are appropriated to the Department of Corrections, the Department of Corrections is the “board” for the purpose of the State General Obligation Bond Law and this chapter. When funds are appropriated to the Department of Youth Authority, the Department of Youth Authority is the “board” for the purpose of the State General Obligation Bond Law and this chapter. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7424. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The committee may create State of California debt or liabilities up to $450,000,000, excluding refunding bonds, under the chapter’s procedures.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7424. The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal amount of four hundred fifty million dollars ($450,000,000), exclusive of refunding bonds, in the manner provided in this chapter. That debt or debts, liability or liabilities, shall be created for the purpose of providing the fund to be used for the object and work specified in Section 7426. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7425. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The committee may decide whether to issue authorized bonds and how much to issue, and may authorize the Treasurer to sell them.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7425. The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold. The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Treasurer. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7426. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
Money in the fund must be used for acquiring, building, renovating, remodeling, and maintaining state youth and adult correctional facilities.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7426. The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctional facilities. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7426.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
Money deposited in the fund may also be used to refinance interim debt tied to the purposes listed in Section 7426.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7426.5. Moneys deposited in the fund may also be used for the refinancing of interim debt incurred for any of the purposes specified in Section 7426. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7427. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The section says the bond principal and interest must be paid through annual revenue collection, and officers responsible for collecting that revenue must take all necessary steps to do so.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7427. (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal thereof and interest thereon. (b) There shall be collected annually in the same manner and at the same time as other state revenue is collected that sum, in addition to the ordinary revenues of the state, that is required to pay the principal of and interest on those bonds, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of that revenue to do and perform each and every act which shall be necessary to collect that additional sum. (c) All money deposited in the fund that has been derived from premiums or accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (d) All money deposited in the fund pursuant to any provision of law requiring repayments to the state that is financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund that money shall be applied as a reimbursement to the General Fund on account of the principal of and interest on the bonds which have been paid from the General Fund. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7428. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The chapter is funded by an appropriation from the General Fund in the State Treasury to pay bond principal and interest and to carry out Section 7429.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7428. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following: (a) That sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to this chapter. (b) That sum as is necessary to carry out the provisions of Section 7429, which sum is appropriated without regard to fiscal years. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7429. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The Director of Finance may authorize withdrawals from the General Fund for this chapter, and the committee and board must handle and return the money as specified, including interest.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7429. For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the committee in accordance with this chapter. Any money made available under this section to the board shall be returned by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. Those withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Account. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7430. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The board may ask the Pooled Money Investment Board for a loan from the Pooled Money Investment Account, but the request cannot exceed the amount of unsold bonds authorized for this chapter.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7430. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7431. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
Bonds issued and sold under this chapter may be refunded with refunding bonds. State voter approval for issuing bonds must also cover refunding bonds.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7431. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7432. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
Bond proceeds must be used for the Section 7426 purpose and cannot be transferred to the General Fund to pay bond principal or interest; the Treasurer may manage separate accounts and use proceeds to meet federal tax requirements.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7432. All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7426 but shall not be available for transfer to the General Fund to pay the principal of and interest on bonds. The money in the fund may be expended only as herein provided. Notwithstanding any provision of this chapter or the State General Obligation Bond Law set forth in Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, if the Treasurer sells bonds pursuant to this chapter the interest on which is intended to be excluded from gross income from federal tax purposes, the Treasurer is authorized to maintain separate accounts for the investment of bond proceeds and the investment earnings on the proceeds, and the Treasurer is authorized to use or direct the use of the proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7433. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
Money in the fund may be spent only if the Legislature has appropriated it.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7433. Money in the fund may only be expended pursuant to appropriations by the Legislature. (Amended by Stats. 2001, Ch. 745, Sec. 158.5. Effective October 12, 2001. Note: This section was added by Stats. 1990, Ch. 5, and approved in Prop. 120 on June 5, 1990.) - 7434. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. )
The Legislature declares that proceeds from bonds authorized by this chapter are not treated as “proceeds of taxes,” so their disbursement is not subject to the limits in Article XIII B of the California Constitution.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 16. New Prison Construction Bond Act of 1990 [7420 - 7434] ( Chapter 16 added by Stats. 1990, Ch. 5, Sec. 1. ) ## 7434. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.) - 7440. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. )
The California Research Bureau must study the children of women incarcerated in state prisons.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. ) ## 7440. The California Research Bureau in the California State Library shall conduct a study of the children of women who are incarcerated in state prisons. The California Research Bureau shall design and complete the study, surveying selected state prisoners in cooperation with the Department of Corrections, and reviewing the records of local agencies to obtain outcome information about a sample of women prisoners’ children. (Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.) - 7441. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. )
This section says the prisoner survey is meant to find out how many state prisoners have children and to collect basic information about those children.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. ) ## 7441. The purpose of the survey of state prisoners is to determine how many have children and to gather basic information about the children to include the following variables, among others: (a) Number. (b) Age. (c) Siblings. (d) Location. (e) Caregiver. (f) Grade and performance in school. (g) Medical issues. (h) Possible delinquency. (i) Visitation. (j) Possible involvement in the child welfare system. (k) Other pertinent information. (Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.) - 7442. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. )
This section lets the California Research Bureau survey certain records for a study and requires participating women prisoners, county agencies, and school districts to allow access, subject to stated limits.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. ) ## 7442. (a) The purpose of the review of local agency records, in a representative sample of California counties, is to obtain outcome information about the status of a sample of the children of incarcerated parents and their caregivers. (b) Women prisoners who participate in the survey sample of state prisoners shall provide written permission allowing the California Research Bureau access to their children’s records in regard to school performance, identity of the caretaker responsible for the child, child protective services records, public assistance records, juvenile justice records, and medical records including drug or alcohol use, and mental health. The California Research Bureau shall follow appropriate procedures to ensure confidentiality of the records and to protect the privacy of the survey participants and their children. (c) County agencies, including members of multidisciplinary teams, and school districts shall permit the California Research Bureau to have reasonable access to records, pursuant to subdivision (b), to the extent permitted by federal law. (d) Notwithstanding Section 10850 of the Welfare and Institutions Code, the survey required by this section is deemed to meet the research criteria identified in paragraph (3) of subdivision (c) of Section 11845.5 of the Health and Safety Code, and subdivision (e) of Section 5328 of the Welfare and Institutions Code. For purposes of this study, the research is deemed not to be harmful for the at-risk and vulnerable population of children of women prisoners. (e) For purposes of the study only, the California Research Bureau is authorized to survey records, reports, and documents described in Section 827 and in paragraph (3) of subdivision (h) of Section 18986.4 of the Welfare and Institutions Code, and information relative to the incidence of child abuse, as provided by Section 11167, among children in the study sample. (f) School districts shall permit reasonable access to directory information by the California Research Bureau for purposes of this study. The California Research Bureau is deemed an appropriate organization to conduct studies for legitimate educational interests, including improving instruction, for purposes of paragraph (4) of subdivision (b) of Section 4906 of the Education Code. School variables that the California Research Bureau shall survey shall include, but not be limited to, attendance patterns, truancy rates, achievement level, suspension and expulsion rates, and special education referrals. (Amended by Stats. 2014, Ch. 71, Sec. 131. (SB 1304) Effective January 1, 2015.) - 7443. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. )
The California Research Bureau must use appropriate procedures to keep survey records confidential and protect the privacy of survey participants, their children, and participating agencies.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. ) ## 7443. The California Research Bureau shall follow appropriate procedures to ensure confidentiality of the records and to protect the privacy of the survey participants and their children, and participating agencies. Data compiled from case files shall be coded under an assigned number and not identified by name. Survey questionnaires and coding forms shall be exempt from the public disclosure requirements prescribed by Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 345. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 7444. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. )
The California Research Bureau must convene an advisory group for the study.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. ) ## 7444. The California Research Bureau shall convene an advisory group to assist in designing and administering the study. (Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.) - 7445. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. )
The California Research Bureau must submit a report to the Legislature by January 1, 2003, after the study is completed. The section also makes $40,000 available for the act’s purposes and bars advisory group members from being paid for their services, while allowing travel and per diem reimbursement.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 17. Children of Incarcerated Parents [7440 - 7445] ( Chapter 17 added by Stats. 2000, Ch. 965, Sec. 1. ) ## 7445. The California Research Bureau shall submit a report to the Legislature on or before January 1, 2003, analyzing the findings of its research, upon completion of the study. (a) Of the funds identified in provision (2) of Item 6120-011-0001 of the 2000-01 State Budget, forty thousand dollars ($40,000) shall be made available, in consultation with the Assembly Rules Committee, to be used for the purposes of this act, including, but not limited to, contracts for outside researchers. (b) Members of the advisory group convened pursuant to Section 7444 of the Penal Code, shall not receive compensation for their services but shall be reimbursed for travel and per diem expenses incurred while assisting in designing and administering the study required by this act. These expenses may be paid from the forty thousand dollars ($40,000) made available in subdivision (a). (Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.) - 745. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. )
The state may not seek a conviction or sentence based on race, ethnicity, or national origin, and defendants can file motions or seek relief if they believe that happened.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2. MODE OF PROSECUTION [737 - 745] ( Title 2 added by Stats. 1951, Ch. 1674. ) ## 745. (a) The state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin. A violation is established if the defendant proves, by a preponderance of the evidence, any of the following: (1) The judge, an attorney in the case, a law enforcement officer involved in the case, an expert witness, or juror exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin. (2) During the defendant’s trial, in court and during the proceedings, the judge, an attorney in the case, a law enforcement officer involved in the case, an expert witness, or juror, used racially discriminatory language about the defendant’s race, ethnicity, or national origin, or otherwise exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin, whether or not purposeful. This paragraph does not apply if the person speaking is relating language used by another that is relevant to the case or if the person speaking is giving a racially neutral and unbiased physical description of the suspect. (3) The defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins who have engaged in similar conduct and are similarly situated, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendant’s race, ethnicity, or national origin in the county where the convictions were sought or obtained. (4) (A) A longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense, and longer or more severe sentences were more frequently imposed for that offense on people that share the defendant’s race, ethnicity, or national origin than on defendants of other races, ethnicities, or national origins in the county where the sentence was imposed. (B) A longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense, and longer or more severe sentences were more frequently imposed for the same offense on defendants in cases with victims of one race, ethnicity, or national origin than in cases with victims of other races, ethnicities, or national origins, in the county where the sentence was imposed. (b) A defendant may file a motion pursuant to this section, or a petition for writ of habeas corpus or a motion under Section 1473.7, in a court of competent jurisdiction, alleging a violation of subdivision (a). For claims based on the trial record, a defendant may raise a claim alleging a violation of subdivision (a) on direct appeal from the conviction or sentence. The defendant may also move to stay the appeal and request remand to the superior court to file a motion pursuant to this section. If the motion is based in whole or in part on conduct or statements by the judge, the judge shall disqualify themselves from any further proceedings under this section. (c) If a motion is filed in the trial court and the defendant makes a prima facie showing of a violation of subdivision (a), the trial court shall hold a hearing. A motion made at trial shall be made as soon as practicable upon the defendant learning of the alleged violation. A motion that is not timely may be deemed waived, in the discretion of the court. (1) At the hearing, evidence may be presented by either party, including, but not limited to, statistical evidence, aggregate data, expert testimony, and the sworn testimony of witnesses. The court may also appoint an independent expert. For the purpose of a motion and hearing under this section, out-of-court statements that the court finds trustworthy and reliable, statistical evidence, and aggregated data are admissible for the limited purpose of determining whether a violation of subdivision (a) has occurred. (2) The defendant shall have the burden of proving a violation of subdivision (a) by a preponderance of the evidence. The defendant does not need to prove intentional discrimination. (3) If the defendant is represented by an attorney and the motion alleges a violation of paragraph (1) or (2) of subdivision (a), based in whole or in part on the conduct of one or more law enforcement officers, the attorney shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers. (4) At the conclusion of the hearing, the court shall make findings on the record. (d) In any proceeding alleging a violation of subdivision (a), a defendant or petitioner may file a motion requesting disclosure to the defense of all evidence relevant to a potential violation of subdivision (a) in the possession or control of the state. A motion filed under this section, a motion under paragraph (2) of subdivision (e) of Section 1473, or a motion under paragraph (3) of subdivision (a) of Section 1473.7 shall describe the type of records or information the defendant seeks. Upon a showing of good cause, the court shall order the records to be released. Upon a showing of good cause, and in order to protect a privacy right or privilege, the court may permit the prosecution to redact information prior to disclosure or may subject disclosure to a protective order. If a statutory privilege or constitutional privacy right cannot be adequately protected by redaction or a protective order, the court shall not order the release of the records. (e) Notwithstanding any other law, except as provided in subdivision (k), or for an initiative approved by the voters, if the court finds, by a preponderance of evidence, a violation of subdivision (a), the court shall impose a remedy specific to the violation found from the following list: (1) Before a judgment has been entered, the court shall impose any of the following remedies: (A) Grant a defendant’s request for a mistrial. (B) Discharge the jury panel and empanel a new jury. (C) If the court determines that it would be in the interest of justice, dismiss enhancements, special circumstances, or special allegations, or reduce one or more charges. (D) Any other remedy not prohibited by another law. (2) (A) After a judgment has been entered, if the court finds that a conviction was sought or obtained in violation of subdivision (a), the court shall vacate the conviction and sentence, find that it is legally invalid, and order new proceedings consistent with subdivision (a). If the court finds that the only violation of subdivision (a) that occurred is based on paragraph (3) of subdivision (a), the court may modify the judgment to a lesser included or lesser related offense. On resentencing, the court shall not impose a new sentence greater than that previously imposed. (B) After a judgment has been entered, if the court finds that only the sentence was sought, obtained, or imposed in violation of subdivision (a), the court shall vacate the sentence, find that it is legally invalid, and impose a new sentence. On resentencing, the court shall not impose a new sentence greater than that previously imposed. (3) The remedies available under this section do not foreclose any other remedies available under the United States Constitution, the California Constitution, or any other law. (f) This section also applies to adjudications and dispositions in the juvenile delinquency system and adjudications to transfer a juvenile case to adult court. (g) This section shall not prevent the prosecution of hate crimes pursuant to Sections 422.6 to 422.865, inclusive. (h) As used in this section and for the purposes of a petition pursuant to subdivision (e) of Section 1473 or a motion pursuant to paragraph (3) of subdivision (a) of Section 1473.7, the following definitions apply: (1) “More frequently sought or obtained” or “more frequently imposed” means that the totality of the evidence demonstrates a significant difference in seeking or obtaining convictions or in imposing sentences comparing individuals who have engaged in similar conduct and are similarly situated, and the prosecution cannot establish race-neutral reasons for the disparity. The evidence may include statistical evidence, aggregate data, or nonstatistical evidence. Statistical significance is a factor the court may consider, but is not necessary to establish a significant difference. In evaluating the totality of the evidence, the court shall consider whether systemic and institutional racial bias, racial profiling, and historical patterns of racially biased policing and prosecution may have contributed to, or caused differences observed in, the data or impacted the availability of data overall. Race-neutral reasons shall be relevant factors to charges, convictions, and sentences that are not influenced by implicit, systemic, or institutional bias based on race, ethnicity, or national origin. (2) “Prima facie showing” means that the defendant produces facts that, if true, establish that there is a substantial likelihood that a violation of subdivision (a) occurred. For purposes of this section, a “substantial likelihood” requires more than a mere possibility, but less than a standard of more likely than not. (3) “Relevant factors,” as that phrase applies to sentencing, means the factors in the California Rules of Court that pertain to sentencing decisions and any additional factors required to or permitted to be considered in sentencing under state law and under the state and federal constitutions. (4) “Racially discriminatory language” means language that, to an objective observer, explicitly or implicitly appeals to racial bias, including, but not limited to, racially charged or racially coded language, language that compares the defendant to an animal, or language that references the defendant’s physical appearance, culture, ethnicity, or national origin. Evidence that particular words or images are used exclusively or disproportionately in cases where the defendant is of a specific race, ethnicity, or national origin is relevant to determining whether language is discriminatory. (5) “State” includes the Attorney General, a district attorney, or a city prosecutor. (6) “Similarly situated” means that factors that are relevant in charging and sentencing are similar and do not require that all individuals in the comparison group are identical. A defendant’s conviction history may be a relevant factor to the severity of the charges, convictions, or sentences. If it is a relevant factor and the defense produces evidence that the conviction history may have been impacted by racial profiling or historical patterns of racially biased policing, the court shall consider the evidence. (i) A defendant may share a race, ethnicity, or national origin with more than one group. A defendant may aggregate data among groups to demonstrate a violation of subdivision (a). (j) This section applies as follows: (1) To all cases in which judgment is not final. (2) Commencing January 1, 2023, to all cases in which, at the time of the filing of a petition pursuant to subdivision (e) of Section 1473 raising a claim under this section, the petitioner is sentenced to death or to cases in which the motion is filed pursuant to Section 1473.7 because of actual or potential immigration consequences related to the conviction or sentence, regardless of when the judgment or disposition became final. (3) Commencing January 1, 2024, to all cases in which, at the time of the filing of a petition pursuant to subdivision (e) of Section 1473 raising a claim under this section, the petitioner is currently serving a sentence in the state prison or in a county jail pursuant to subdivision (h) of Section 1170, or committed to the Division of Juvenile Justice for a juvenile disposition, regardless of when the judgment or disposition became final. (4) Commencing January 1, 2025, to all cases filed pursuant to Section 1473.7 or subdivision (e) of Section 1473 in which judgment became final for a felony conviction or juvenile disposition that resulted in a commitment to the Division of Juvenile Justice on or after January 1, 2015. (5) Commencing January 1, 2026, to all cases filed pursuant to Section 1473.7 or subdivision (e) of Section 1473 in which judgment was for a felony conviction or juvenile disposition that resulted in a commitment to the Division of Juvenile Justice, regardless of when the judgment or disposition became final. (k) For petitions that are filed in cases for which judgment was entered before January 1, 2021, and only in those cases, if the petition is based on a violation of paragraph (1) or (2) of subdivision (a), the petitioner shall be entitled to relief as provided in subdivision (e), unless the state proves beyond a reasonable doubt that the violation did not contribute to the judgment. (l) When the court finds there has been a violation of subdivision (a), the defendant shall not be eligible for the death penalty. (Amended by Stats. 2025, Ch. 784, Sec. 2.5. (SB 734) Effective January 1, 2026.) - 7460. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
This section defines several clearance-related terms for access to California correctional institutions.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7460. For purposes of this chapter, the following definitions apply: (a) “Annual gate clearance” refers to a clearance status allowing a program provider or legal professional to enter one institution for a full calendar year. (b) “Institution” refers to a California state prison or facility, including community reentry programs and fire camps under the jurisdiction of the Department of Corrections and Rehabilitation. (c) “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people. (d) “Program provider identification card” refers to an identification card that allows a program provider with an annual or statewide gate clearance to enter specified institutions without a sponsor. (e) “Short-term gate clearance” refers to a clearance status that allows a program provider, legal professional, or attorney support personnel to enter an institution for the specific dates and times, as approved by the hiring authority or designee, and shall not exceed 30 days. (f) “Sponsor” refers to staff at an institution assigned to escort program providers, legal professionals, or attorney support personnel, within the institution. (g) “Statewide gate clearance” refers to a clearance status provided to a program provider or legal professional entering more than three institutions on a routine basis. (h) (1) “Legal professional” refers to an attorney or attorney representative. (2) An attorney representative is any of the following: (A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court. (B) An investigator who is employed by a government agency, public agency, or public institution. (3) An attorney support personnel is any of the following: (A) A law student sponsored by the attorney. (B) A legal paraprofessional sponsored by the attorney or appointed by the court. (C) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. (Amended by Stats. 2025, Ch. 226, Sec. 2. (SB 553) Effective January 1, 2026.) - 7461. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
The department must provide forms for short-term gate clearances, and institutions must use those forms only. Institutions cannot require extra local forms, and the department cannot require fingerprint background checks or limit how many clearances an applicant may receive.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7461. (a) The department shall provide forms to the institution for short-term gate clearances. The institution shall only use the forms provided by the department to process the short-term gate clearance. The forms should reflect the limited nature of this clearance and shall not be overly burdensome. An institution shall not require additional institution-specific “local” forms. (b) The department shall not require a fingerprint-based background check from an applicant applying for a short-term gate clearance. (c) The department shall not limit the number of short-term gate clearances an applicant can receive. (d) The department shall notify all short-term gate clearance applicants of the decision to approve or disapprove the application consistent with the timeframes identified in the department’s criminal history security screening form. (Amended by Stats. 2025, Ch. 226, Sec. 3. (SB 553) Effective January 1, 2026.) - 7462. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
This section sets rules for annual gate clearance applications, including standardized forms, fingerprint checks, annual renewal, and notice deadlines.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7462. (a) The department shall provide a standardized clearance packet to the institution for annual gate clearances. The institution shall only use the clearance packet provided by the department, composed only of approved forms, which allows an applicant to use the same packet for different institutions. An institution shall not require additional institution-specific “local” forms. (b) (1) An applicant applying for an annual gate clearance shall complete a standardized clearance packet. (2) A program provider applying for this clearance shall be subject to a fingerprint-based background check. The clearance application process shall be initiated prior to any fingerprint-based background check. Completion of the background check shall occur concurrently with the department’s processing of the annual gate clearance application. If the program provider has already provided fingerprints to an institution or the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints. (c) Approved applicants shall renew their gate clearance annually. (d) Approved applicants with an annual gate clearance shall have either a program provider identification card or a sponsor. (e) (1) The department shall not limit the number of annual gate clearances an applicant can receive. (2) The department shall notify all applicants for an annual gate clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice. (Amended by Stats. 2025, Ch. 226, Sec. 4. (SB 553) Effective January 1, 2026.) - 7463. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
This section requires the department to use standard forms, limits local form requirements, sets testing and fingerprint rules for program provider clearance, and requires prompt notice on clearance decisions.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7463. (a) The department shall provide a standardized packet of forms to the institution for a program provider identification card, which allows program providers to use the same packet for different institutions. An institution shall not require additional institution-specific “local” forms. (b) (1) A program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements and renews their clearance annually. (2) A program provider with a program provider identification card shall be able to escort other authorized program providers within the institution for which the program provider identification card is valid. (3) A program provider applying for a program provider identification card shall be subject to the same baseline TB screening and testing, as defined in subdivision (b) of Section 6006.5, as required by various departmental staff. The department shall accept forms from a hospital, military, University of California system, or local public health department in lieu of the Department of Corrections and Rehabilitation standard forms as documentation of testing if the forms include the date of the testing and evaluation, the results, and the licensed evaluator’s or physician’s signature. (4) A program provider shall be subject to a fingerprint-based background check with their initial clearance application. If the program provider has already provided fingerprints to the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints. (c) (1) The department shall not limit the number of program provider identification cards a program provider can receive. (2) The department shall notify all program provider card applicants of the decision to approve or disapprove within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the program provider. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice. (Amended by Stats. 2025, Ch. 226, Sec. 5. (SB 553) Effective January 1, 2026.) - 7464. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
The department must accept statewide gate clearance applications, notify applicants of approval or denial within 30 days, and approved applicants must renew clearance annually.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7464. (a) (1) The department shall accept applications for statewide gate clearance from qualified program providers and legal professionals and, if a program provider is approved, the department shall provide a program provider identification card pursuant to Section 7463 if the program provider does not already have a valid identification card. (2) Approved applicants shall renew their clearance annually. (3) A program provider applying for this clearance shall be subject to a fingerprint-based background check with their initial clearance application. If the applicant has already provided fingerprints to the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the applicant to provide additional fingerprints. (b) A program provider with statewide gate clearance shall be able to escort other authorized program providers within each institution for which the statewide gate clearance is valid. (c) A program provider with statewide gate clearance may provide programs without a sponsor. (d) If a program provider has been providing programming for a minimum of six months at more than three institutions, when approved to provide programs at any additional institutions, they may immediately request a program provider identification card. (e) The department shall notify all statewide gate clearance applicants of the decision to approve or disapprove the application within 30 days of receipt of the application. (Amended by Stats. 2025, Ch. 226, Sec. 6. (SB 553) Effective January 1, 2026.) - 7465. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
The department must create a standardized approval process for formerly incarcerated applicants seeking clearances, and institutions and the division have disclosure and timing duties.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7465. (a) The department shall designate a standardized approval process for people who were formerly incarcerated and who are applying for all clearances covered by this chapter. (b) The department shall not exclude people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exist, such as verified or credible evidence by a warden that the person who was formerly incarcerated has introduced contraband into the institution or poses a significant security concern. (c) For applicants who were formerly incarcerated and who are currently under supervision by the Division of Adult Parole Operations and who require documentation from the division to be provided any type of clearance, the division shall provide the documentation within 14 calendar days of the receipt of the request. (d) An institution shall write and explain in a memorandum the reasons for denying a formerly incarcerated person’s application for clearance. The memorandum shall be provided to the applicant by email or mail. (e) Denial of applications for clearance shall be grounds for an appeal. An appeal of denial of applications for clearance shall be resolved within 90 days. (Amended by Stats. 2025, Ch. 226, Sec. 7. (SB 553) Effective January 1, 2026.) - 7466. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
The department must tell clearance applicants how to appeal a decision and must also tell them the final result of the appeal within 90 days.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7466. (a) The department shall notify all applicants for clearance of their right to appeal clearance decisions and of the process for filing an appeal. (b) The department shall notify all applicants for clearance of the final disposition of their appeal within 90 days. (Amended by Stats. 2025, Ch. 226, Sec. 8. (SB 553) Effective January 1, 2026.) - 7467. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
The department must send fingerprint images and related information to the Department of Justice for certain clearance applicants, and the Department of Justice must send a state or federal response back to the department.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7467. (a) The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice from an applicant applying for an annual gate clearance, program provider identification card, or statewide gate clearance, as defined in Section 7460, in accordance with subdivision (u) of Section 11105. (b) The Department of Justice shall provide a state or federal response to the department pursuant to subdivision (l) of Section 11105. (Amended by Stats. 2025, Ch. 226, Sec. 9. (SB 553) Effective January 1, 2026.) - 7468. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. )
Certain listed persons are entitled to a short-term gate clearance for any institution upon request.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 18. Clearances [7460 - 7468] ( Heading of Chapter 18 amended by Stats. 2025, Ch. 226, Sec. 1. ) ## 7468. The following persons shall, upon request, be granted a short-term gate clearance for any institution without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request: (a) The Governor and all cabinet members. (b) Members of the Legislature and legislative staff. (c) Current judges of the State of California. (Added by Stats. 2025, Ch. 226, Sec. 10. (SB 553) Effective January 1, 2026.) - 750. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2.5. NIGHTCOURT [750- 750.] ( Title 2.5 added by Stats. 1992, Ch. 284, Sec. 1. )
If a qualifying superior court stopped its nightcourt program after December 1, 1991, it must reinstate the program once the board of supervisors approves it.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 2.5. NIGHTCOURT [750- 750.] ( Title 2.5 added by Stats. 1992, Ch. 284, Sec. 1. ) ## 750. Notwithstanding any other provision of law, in the event that the superior court of a county having a population in excess of six million has discontinued, on or after December 1, 1991, a nightcourt policy or program with respect to criminal cases, the policy or program shall, upon approval of the board of supervisors, be substantially reinstated, with at least the average level of staffing and session scheduling which occurred during the period of six months immediately prior to December 1, 1991. (Added by Stats. 1992, Ch. 284, Sec. 1. Effective July 21, 1992.) - 7500. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. )
The Legislature states that HIV, AIDS, and hepatitis B and C are a serious public health risk in correctional institutions, and that testing people housed there can help control disease and protect staff, inmates, and the public.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7500. The Legislature finds and declares all of the following: (a) The public peace, health, and safety is endangered by the spread of the human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis B and C within state and local correctional institutions. (b) The spread of AIDS and hepatitis B and C within prison and jail populations presents a grave danger to inmates within those populations, law enforcement personnel, and other persons in contact with a prisoner infected with the HIV virus as well as hepatitis B and C, both during and after the prisoner’s confinement. Law enforcement personnel and prisoners are particularly vulnerable to this danger, due to the high number of assaults, violent acts, and transmissions of bodily fluids that occur within correctional institutions. (c) HIV, as well as hepatitis B and C, have the potential of spreading more rapidly within the closed society of correctional institutions than outside these institutions. These major public health problems are compounded by the further potential of the rapid spread of communicable disease outside correctional institutions through contacts of an infected prisoner who is not treated and monitored upon his or her release, or by law enforcement employees who are unknowingly infected. (d) New diseases of epidemic proportions such as AIDS may suddenly and tragically infect large numbers of people. This title primarily addresses a current problem of this nature, the spread of HIV, as well as hepatitis B and C, among those in correctional institutions and among the people of California. (e) HIV, AIDS, and hepatitis B and C pose a major threat to the public health and safety of those governmental employees and others whose responsibilities bring them into direct contact with persons afflicted with those illnesses, and the protection of the health and safety of these personnel is of equal importance to the people of the State of California as the protection of the health of those afflicted with the diseases who are held in custodial situations. (f) Testing described in this title of individuals housed within state and local correctional facilities for evidence of infection by HIV and hepatitis B and C would help to provide a level of information necessary for effective disease control within these institutions and would help to preserve the health of public employees, inmates, and persons in custody, as well as that of the public at large. This testing is not intended to be, and shall not be construed as, a prototypical method of disease control for the public at large. (Amended by Stats. 2006, Ch. 800, Sec. 1. Effective January 1, 2007.) - 7501. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. )
This section says correctional and law-enforcement personnel, inmates, probation/parole officers, and prison medical staff may or must take certain steps involving HIV and hepatitis B or C testing, notice, and safety measures.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7501. In order to address the public health crisis described in Section 7500, it is the intent of the Legislature to do all of the following: (a) Establish a procedure through which custodial and law enforcement personnel are required to report certain situations and may request and be granted a confidential test for HIV or for hepatitis B or C of an inmate convicted of a crime, or a person arrested or taken into custody, if the custodial or law enforcement officer has reason to believe that he or she has come into contact with the blood or semen of an inmate or in any other manner has come into contact with the inmate in a way that could result in HIV infection, or the transmission of hepatitis B or C, based on the latest determinations and conclusions by the federal Centers for Disease Control and Prevention and the State Department of Public Health on means for the transmission of AIDS or hepatitis B and C, and if appropriate medical authorities, as provided in this title, reasonably believe there is good medical reason for the test. (b) Permit inmates to file similar requests stemming from contacts with other inmates. (c) Require that probation and parole officers be notified when an inmate being released from incarceration is infected with AIDS or hepatitis B or C, and permit these officers to notify certain persons who will come into contact with the parolee or probationer, if authorized by law. (d) Authorize prison medical staff authorities to require tests of a jail or prison inmate under certain circumstances, if they reasonably believe, based upon the existence of supporting evidence, that the inmate may be suffering from HIV infection or AIDS or hepatitis B or C and is a danger to other inmates or staff. (e) Require supervisory and medical personnel of correctional institutions to which this title applies to notify staff if they are coming into close and direct contact with persons in custody who have tested positive or who have AIDS or hepatitis B or C, and provide appropriate counseling and safety equipment. (Amended by Stats. 2007, Ch. 483, Sec. 44. Effective January 1, 2008.) - 7502. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. )
This section defines key terms used in Title 8 on medical testing of prisoners.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7502. As used in this title, the following terms shall have the following meanings: (a) “Correctional institution” means any state prison, county jail, city jail, Division of Juvenile Justice facility, county- or city-operated juvenile facility, including juvenile halls, camps, or schools, or any other state or local correctional institution, including a court facility. (b) “Counseling” means counseling by a licensed physician and surgeon, registered nurse, or other health professional who meets guidelines which shall be established by the State Department of Public Health for purposes of providing counseling on AIDS and hepatitis B and C to inmates, persons in custody, and other persons pursuant to this title. (c) “Law enforcement employee” means correctional officers, peace officers, and other staff of a correctional institution, California Highway Patrol officers, county sheriff’s deputies, city police officers, parole officers, probation officers, and city, county, or state employees including but not limited to, judges, bailiffs, court personnel, prosecutors and staff, and public defenders and staff, who, as part of the judicial process involving an inmate of a correctional institution, or a person charged with a crime, including a minor charged with an offense for which he or she may be made a ward of the court under Section 602 of the Welfare and Institutions Code, are engaged in the custody, transportation, prosecution, representation, or care of these persons. (d) “AIDS” means acquired immune deficiency syndrome. (e) “Human immunodeficiency virus” or “HIV” means the etiologic virus of AIDS. (f) “HIV test” or “HIV testing” means any clinical laboratory test approved by the federal Food and Drug Administration for HIV, component of HIV, or antibodies to HIV. (g) “Inmate” means any of the following: (1) A person in a state prison, or city and county jail, who has been either convicted of a crime or arrested or taken into custody, whether or not he or she has been charged with a crime. (2) Any person in a Division of Juvenile Justice facility, or county- or city-operated juvenile facility, who has committed an act, or been charged with committing an act specified in Section 602 of the Welfare and Institutions Code. (h) “Bodily fluids” means blood, semen, or any other bodily fluid identified by either the federal Centers for Disease Control and Prevention or State Department of Public Health in appropriate regulations as capable of transmitting HIV or hepatitis B or C. (i) “Minor” means a person under 15 years of age. (Amended by Stats. 2007, Ch. 483, Sec. 45. Effective January 1, 2008.) - 7503. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. )
The Department of Corrections, the Department of the Youth Authority, and county health officers must adopt guidelines allowing a chief medical officer to delegate certain medical and nonmedical responsibilities, but the chief medical officer may not delegate the duty to decide whether mandatory testing is required except to a qualified physician acting as chief medical officer in the officer’s absence.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7503. The Department of Corrections, the Department of the Youth Authority, and county health officers shall adopt guidelines permitting a chief medical officer to delegate his or her medical responsibilities under this title to other qualified physicians and surgeons, and his or her nonmedical responsibilities to other qualified persons, as appropriate. The chief medical officer shall not, however, delegate the duty to determine whether mandatory testing is required as provided for in Chapter 2 (commencing with Section 7510) except to another qualified physician designated to act as chief medical officer in the chief medical officer’s absence. (Amended by Stats. 2004, Ch. 953, Sec. 2. Effective September 30, 2004.) - 7504. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. )
Testing or other actions taken under this title are exempt from specified Health and Safety Code requirements.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7504. Actions taken pursuant to this title shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980 of the Health and Safety Code. In addition, the requirements of subdivision (a) of Section 120990 of the Health and Safety Code, shall not apply to testing performed pursuant to this title. (Amended by Stats. 1996, Ch. 1023, Sec. 397. Effective September 29, 1996.) - 7505. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. )
This title gives certain state and local correctional, custodial, and law enforcement agencies authority to conduct medical testing of inmates and prisoners.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 1. General Provisions [7500 - 7505] ( Chapter 1 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7505. This title is intended to provide the authority for state and local correctional, custodial, and law enforcement agencies to perform medical testing of inmates and prisoners for the purposes specified herein. However, notwithstanding any other provision of this title, this title shall serve as authority for the HIV testing of prisoners in only those local facilities where the governing body has adopted a resolution affirming that it shall be operative in that city, county, or city and county. Testing within state correctional facilities under the jurisdiction of the Department of Corrections and state juvenile facilities under the jurisdiction of the Department of the Youth Authority shall not be affected by this requirement. (Amended by Stats. 1996, Ch. 1107, Sec. 4. Effective January 1, 1997.) - 7510. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
A law enforcement employee who believes they came into contact with bodily fluids must report the incident on the required form, may request HIV or hepatitis B/C testing, and must help with the investigation if asked.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7510. (a) A law enforcement employee who believes that he or she came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms. (b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employee’s shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer. (c) For purposes of this section, Section 7503, and Section 7511, “chief medical officer” means: (1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility. (2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison. (3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility. (4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime. (5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed. (6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under this title. (Amended by Stats. 2012, Ch. 43, Sec. 57. (SB 1023) Effective June 27, 2012.) - 7511. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
The chief medical officer must decide within 24 hours whether HIV or hepatitis B or C testing is required, and may order testing only if there is a significant risk of transmission.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7511. (a) The chief medical officer shall, regardless of whether a report filed pursuant to Section 7510 contains a request for HIV or hepatitis B or C testing, decide whether or not to require HIV or hepatitis B or C testing of the inmate or other person who is the subject of the report filed pursuant to Section 7510, within 24 hours of receipt of the report. If the chief medical officer decides to require HIV or hepatitis B or C testing, he or she shall specify in his or her decision the circumstances, if any, under which followup testing will also be required. (b) The chief medical officer shall order an HIV or hepatitis B or C test only if he or she finds that, considering all of the facts and circumstances, there is a significant risk that HIV or hepatitis B or C was transmitted. In making this decision, the chief medical officer shall take the following factors into consideration: (1) Whether an exchange of bodily fluids occurred which could have resulted in a significant risk of AIDS or hepatitis B or C infection, based on the latest written guidelines and standards established by the federal Centers for Disease Control and Prevention and the State Department of Health Services. (2) Whether the person exhibits medical conditions or clinical findings consistent with HIV or hepatitis B or C infection. (3) Whether the health of the institution staff or inmates may have been endangered as to HIV or hepatitis B or C infection resulting from the reported incident. (c) Prior to reaching a decision, the chief medical officer may if needed receive written or oral testimony from the law enforcement employee filing the report, from the subject of the report, and from witnesses to the incident, as he or she deems necessary for a complete investigation. The decision shall be in writing and shall state the reasons for the decision. A copy shall be provided by the chief medical officer to the law enforcement employee who filed the report and to the subject of the report, and where the subject is a minor, to the parents or guardian of the minor, unless the parent or guardian of the minor cannot be located. (Amended by Stats. 2006, Ch. 800, Sec. 5. Effective January 1, 2007.) - 7512. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
This section lets certain inmates request HIV or hepatitis B or C testing of another inmate, and sets deadlines and juvenile-facility procedures for filing and review.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7512. (a) An inmate of a correctional institution may request testing for HIV or hepatitis B or C of another inmate of that institution if he or she has reason to believe that he or she has come into contact with the bodily fluids of that inmate, in situations, which may include, but are not limited to, rape or sexual contact with a potentially infected inmate, tattoo- or drug-needle sharing, an incident involving injury in which bodily fluids are exchanged, or confinement with a cellmate under circumstances involving possible mingling of bodily fluids. A request may be filed under this section only within two calendar days of the date when the incident causing the request occurred, except that the chief medical officer may waive this filing period requirement when he or she finds that good cause exists. (b) An inmate in a Division of Juvenile Justice facility or any county- or city-operated juvenile facility who is 15 years of age or older may file a request for a test of another inmate in that facility, in the same manner as an inmate in a state prison, and is subject to the same procedures and rights. An inmate in a Division of Juvenile Justice facility or a county- or city-operated juvenile facility who is a minor may file a request for testing through a staff member of the facility in which he or she is confined. A staff member may file this request on behalf of a minor on his or her own volition if he or she believes that a situation meeting the criteria specified in subdivision (a) has occurred warranting the request. The filing of a request by staff on behalf of an inmate of a Division of Juvenile Justice facility or a local juvenile facility shall be within two calendar days of its discovery by staff, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. When a request is filed on behalf of a minor, the facility shall notify the parent or guardian of the minor of the request and seek permission from the parent or guardian for the test request to proceed. If the parent or guardian refuses to grant permission for the test, the Director of the Division of Juvenile Facilities may request the juvenile court in the county in which the facility is located, to rule on whether the test request procedure set forth in this title shall continue. The juvenile court shall make a ruling within five days of the case being brought before the court. If the parent or guardian cannot be located, the superintendent of the facility shall approve or disapprove the request for a test. (c) Upon receipt of a request for testing as provided in this section, a law enforcement employee shall submit the request to the chief medical officer, the identity of which shall be determined as if the request had been made by an employee of the facility. The chief medical officer shall follow the procedures set forth in Section 7511 with respect to investigating the request and reaching a decision as to mandatory testing of the inmate who is the subject of the request. The inmate submitting the request shall provide names or testimony of witnesses within the limits of his or her ability to do so. The chief medical officer shall make his or her decision based on the criteria set forth in Section 7511. A copy of the chief medical officer’s decision shall be provided to the person submitting the request for HIV or hepatitis B or C testing, to the subject of the request, and to the superintendent of the correctional institution. In the case of a minor, a copy of the decision shall be provided to the parents or guardian of the minor, unless the parent or guardian of the minor cannot be located. (Amended by Stats. 2006, Ch. 800, Sec. 6. Effective January 1, 2007.) - 7512.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
The chief medical officer may order an inmate test for HIV-related conditions in limited circumstances, and must give the decision to the inmate and, if the inmate is a minor, to the parent or guardian unless they cannot be found.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7512.5. In the absence of the filing of a report pursuant to Section 7510 or a request pursuant to Section 7512, the chief medical officer may order a test of an inmate if he or she concludes there are clinical symptoms of HIV infection, AIDS, or hepatitis B or C, as recognized by the federal Centers for Disease Control and Prevention or the State Department of Health Services. A copy of the decision shall be provided to the inmate, and where the inmate is a minor, to the parents or guardian of the minor, unless the parent or guardian of the minor cannot be located. Any decision made pursuant to this section shall not be appealable to a three-member panel provided for under Section 7515. (Amended by Stats. 2006, Ch. 800, Sec. 7. Effective January 1, 2007.) - 7513. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
An eligible inmate must be given certain notices and information when the chief medical officer orders an HIV or hepatitis test.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7513. An inmate who is the subject of an HIV or hepatitis B or C test report filed pursuant to Section 7510 or an HIV or hepatitis B or C test report filed pursuant to Section 7512 shall receive, in conjunction with the decision of the chief medical officer to order a test, a copy of this title, a written description of the right to appeal the chief medical officer’s decision which includes the applicable timelines, and notification of his or her right to receive pretest and posttest HIV counseling by staff that have been certified as HIV test counselors or to receive hepatitis B or C test results and counseling from a licensed medical professional. (Amended by Stats. 2006, Ch. 800, Sec. 8. Effective January 1, 2007.) - 7514. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
The chief medical officer must ensure counseling is provided to covered persons at specified stages, may offer extra counseling and arrange it elsewhere, and should encourage medically advisable voluntary HIV or hepatitis testing. The correctional institution pays for required or resulting voluntary testing.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7514. (a) It shall be the chief medical officer’s responsibility to see that personal counseling is provided to a law enforcement employee filing a report pursuant to Section 7510, an inmate filing a request pursuant to Section 7512, and any potential test subject, at the time the initial report or request for tests is made, at the time when tests are ordered, and at the time when test results are provided to the employee, inmate, or test subject. (b) The chief medical officer may provide additional counseling to any of these individuals, upon his or her request, or whenever the chief medical officer deems advisable, and may arrange for the counseling to be provided in other jurisdictions. The chief medical officer shall encourage the subject of the report or request, the law enforcement employee who filed the report, the person who filed the request pursuant to Section 7512, or in the case of a minor, the minor on whose behalf the request was filed, to undergo voluntary HIV or hepatitis B or C testing if the chief medical officer deems it medically advisable. All testing required by this title or any voluntary testing resulting from the provisions of this title, shall be at the expense of the appropriate correctional institution. (Amended by Stats. 2006, Ch. 800, Sec. 9. Effective January 1, 2007.) - 7515. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
This section lets specified people appeal certain chief medical officer decisions quickly to a three-person panel and sets the panel’s hearing and decision deadlines.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7515. (a) A decision of the chief medical officer made pursuant to Section 7511, 7512, or 7516 may be appealed, within three calendar days of receipt of the decision, to a three-person panel, either by the person required to be tested, his or her parent or guardian when the subject is a minor, the law enforcement employee filing a report pursuant to either Section 7510 or 7516, or the person requesting testing pursuant to Section 7512, whichever is applicable, or the chief medical officer, upon his or her own motion. If no request for appeal is filed under this subdivision, the chief medical officer’s decision shall be final. (b) Depending upon which entity has jurisdiction over the person requesting or appealing a test, the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, the county, the city, or the county and city shall convene the appeal panel and shall ensure that the appeal is heard within seven calendar days. (c) A panel required pursuant to subdivision (a) or (b) shall consist of three members, as follows: (1) The chief medical officer making the original decision. (2) A physician and surgeon who has knowledge in the diagnosis, treatment, and transmission of HIV or hepatitis B and C, selected by the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, the county, the city, or the county and city. The physician and surgeon appointed pursuant to this paragraph shall preside at the hearing and serve as chairperson. (3) A physician and surgeon not on the staff of, or under contract with, a state, county, city, or county and city correctional institution or with an employer of a law enforcement employee as defined in subdivision (b) of Section 7502, and who has knowledge of the diagnosis, treatment, and transmission of HIV or hepatitis B and C. The physician and surgeon appointed pursuant to this paragraph shall be selected by the State Department of Health Services from a list of persons to be compiled by that department. The State Department of Health Services shall adopt standards for selecting persons for the list required by this paragraph, as well as for their reimbursement, and shall, to the extent possible, utilize its normal process for selecting consultants in compiling this list. The Legislature finds and declares that the presence of a physician and surgeon on the panel who is selected by the State Department of Health Services enhances the objectivity of the panel, and it is the intent of the Legislature that the State Department of Health Services make every attempt to comply with this subdivision. (d) The Department of Corrections and Rehabilitation, the county, the city, or the county and city shall notify the Office of AIDS in the State Department of Health Services when a panel must be convened under subdivision (a) wherein HIV testing has been requested or the State Department of Health Services when a test for hepatitis B or C has been requested. Within two calendar days of the notification, a physician and surgeon appointed under paragraph (3) of subdivision (c) shall reach agreement with the Department of Corrections, the county, the city, or the county and city on a date for the hearing that complies with subdivision (b). (e) If the Office of AIDS in the State Department of Health Services or, in the case of a hepatitis B or C test, the State Department of Health Services, fails to comply with subdivision (d) or the physician and surgeon appointed under paragraph (3) of subdivision (c) fails to attend the scheduled hearing, the Department of Corrections and Rehabilitation, the county, the city, or the county and city shall appoint a physician and surgeon who has knowledge of the diagnosis, treatment, and transmission of HIV and hepatitis B and C to serve on the appeals panel to replace the physician and surgeon required under paragraph (3) of subdivision (c). The Department of Corrections and Rehabilitation, the county, the city, or the county and city shall have standards for selecting persons under this subdivision and for their reimbursement. The Department of Corrections and Rehabilitation, the Division of Juvenile Justice, the county, the city, or the county and city shall, whenever feasible, create, and utilize ongoing panels to hear appeals under this section. The membership of the panel shall meet the requirements of paragraphs (1), (2), and (3) of subdivision (c). No panel shall be created pursuant to this paragraph by a county, city, or county and city correctional institution except with the prior approval of the local health officer. (f) A hearing conducted pursuant to this section shall be closed, except that each of the following persons shall have the right to attend the hearing, speak on the issues presented at the hearing, and call witnesses to testify at the hearing: (1) The chief medical officer, who may also bring staff essential to the hearing, as well as the other two members of the panel. (2) The subject of the chief medical officer’s decision, except that a subject who is a minor may attend only with the consent of his or her parent or guardian and, if the subject is a minor, his or her parent or guardian. (3) The law enforcement employee filing the report pursuant to Section 7510, or the person requesting HIV or hepatitis B or C testing pursuant to Section 7512, whichever is applicable and, if the person is a minor, his or her parent or guardian. (g) The subject of the test, or the person requesting the test pursuant to Section 7512, or who filed the report pursuant to Section 7510, whichever is applicable, may appoint a representative to attend the hearing in order to assist him or her. (h) When a hearing is sought pursuant to this section, or filed by a law enforcement employee pursuant to a request made under Section 7510, the decision shall be rendered within two days of the hearing. A unanimous vote of the panel shall be necessary in order to require that the subject of the hearing undergo HIV or hepatitis B or C testing. The criteria specified in Section 7511 for use by the chief medical officer shall also be utilized by the panel in making its decision. The decision shall be in writing, stating reasons for the decision, and shall be signed by the members. A copy shall be provided by the chief medical officer to the person requesting the test, or filing the report, whichever is applicable, to the subject of the test, and, when the subject is in a correctional institution, to the superintendent of the institution, except that, when the subject of the test or the person upon whose behalf the request for the test was made is a minor, copies shall also be provided to the parent or guardian of the minor, unless the parent or guardian cannot be located. (Amended by Stats. 2006, Ch. 800, Sec. 10. Effective January 1, 2007.) - 7516. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
Staff may report certain HIV-related conduct in a correctional institution, and the chief medical officer may investigate and, if warranted, order HIV testing of specific inmates.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7516. (a) When a custodial officer or staff person of a correctional institution, observes or is informed of activity in a correctional institution that is classified as causing, or known to cause, the transmission of the AIDS virus, as described in subdivision (b), he or she may file a written report with the facility’s chief medical officer which, in the case of city or county jails, shall be the county health officer. (b) Reportable activities within a correctional institution for which a report may be filed pursuant to subdivision (a) include, but are not limited to, all of the following activities, if they could result in the transmission of AIDS, according to the standards provided for in this chapter: (1) Sexual activity resulting in exchange of bodily fluids. (2) IV drug use. (3) Incidents involving injury to inmates or staff in which bodily fluids are exchanged. (4) Tampering with medical and food supplies or medical or food equipment. (5) Tattooing among inmates. (c) The medical officer may investigate the report, conduct interviews, and determine whether the situation reported caused the probable exchange of body fluids in a manner that could result in the transmission of HIV, utilizing the criteria set forth in Section 7511, and pose a danger to the health and safety of the institution’s staff and inmate population. If the chief medical officer concludes this may have occurred, he or she shall require HIV testing of any inmate which he or she deems necessary pursuant to the investigation. Whenever an inmate is required to undergo an HIV test pursuant to this subdivision, he or she may appeal that decision as provided for in Section 7515. (d) Testing under this section may only be required by a unanimous vote of all three members of the panel. The rights guaranteed inmates under Section 7515 shall apply. When a hearing is convened pursuant to this section, the hearing shall be closed, except that both the person filing the original report and the chief medical officer as well as other panel members may also call witnesses to testify at the hearing. When a hearing is sought pursuant to this section, the decision shall be rendered within 20 days of the date the hearing is sought by the medical officer. (e) This section shall apply to situations involving individual inmates or group situations but shall not be utilized to require testing of all inmates in a correctional institution. (f) The findings of the panel shall be set forth in writing, including reasons for the panel’s decision, and shall be signed by the members of the panel. A copy of the decision shall be provided to the superintendent of the correctional institution, the subjects of the report and to any inmates or officers whom the panel concludes may have been exposed to HIV infection as established by provisions of this title. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7516.5. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
Certain panel decisions may be appealed to the superior court, and the court must hear the appeal as soon as possible and uphold the decision if it is supported by substantial evidence.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7516.5. Any decision by a panel pursuant to Section 7515 or 7516 may be appealed to the superior court, either by a law enforcement employee filing a report pursuant to Section 7510, a person requesting an HIV test pursuant to Section 7512, a medical officer convening a panel pursuant to Section 7516, or any person required to be tested pursuant to a panel’s decision. A person required to be tested pursuant to Section 7512.5 may also appeal the decision to the superior court. The court shall schedule a hearing as expeditiously as possible to review the decision of the panel or a decision made pursuant to Section 7512.5. The court shall uphold the decision being appealed if that decision is based upon substantial evidence. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7516.8. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
The chief medical officer must ensure that copies of the hearing decision are distributed as required by this chapter.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7516.8. It shall be the responsibility of the chief medical officer to see that copies of the hearing decision are distributed in accordance with requirements of this chapter. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7517. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
Records compiled under this chapter, including certain medical officer and appeals panel decisions, must be kept confidential unless another provision of this title or law allows otherwise.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7517. Except as otherwise permitted by this title or any provision of law, any records, including decisions of a chief medical officer or an appeals panel, compiled pursuant to this chapter shall be confidential. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7518. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
The Department of Corrections and Rehabilitation and local health officers must adopt HIV and hepatitis testing guidelines, and those guidelines must be based on current CDC and State Department of Health Services guidance.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7518. (a) The Department of Corrections and Rehabilitation and local health officers shall adopt guidelines for the making of decisions pursuant to this chapter in consultation with the Office of AIDS in the State Department of Health Services for HIV testing and with the State Department of Health Services for hepatitis B and C testing. The guidelines shall be based on the latest written guidelines of HIV or hepatitis B and C transmission and infection established by the federal Centers for Disease Control and Prevention and the State Department of Health Services. (b) Oversight responsibility for implementation of the applicable provisions of this title, including the oversight of reports involving parole officers and the staff of state adult and youth correctional facilities shall be vested with the Chief of Medical Services in the Department of Corrections and Rehabilitation. Oversight responsibility at the county, the city, or the county and city level shall rest with the local health officer. (Amended by Stats. 2006, Ch. 800, Sec. 11. Effective January 1, 2007.) - 7519. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. )
If a person required to take HIV testing under this title does not submit, that can lead to revocation or be treated as a supervision violation.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 2. Procedures for Requiring HIV Testing [7510 - 7519] ( Chapter 2 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7519. (a) When an individual, including a minor charged with an offense for which he or she may be made a ward of the court under Section 602 of the Welfare and Institutions Code, has either been charged with a crime, but is not being held in a correctional institution due to his or her release, either through the granting of bail, a release on the individual’s own recognizance, or for any other reason, or been convicted of a crime, but not held in a correctional institution due to the imposition of probation, a fine, or any other alternative sentence, and the individual is required to undergo initial or followup testing pursuant to this title, the failure of the individual to submit to the test may be grounds for revocation of the individual’s release or probation or other sentence, whichever is applicable. (b) Any refusal by a person on parole, probation, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision to submit to testing required pursuant to this title may be ruled as a violation of the person’s parole, probation, mandatory supervision, or postrelease community supervision. (Amended by Stats. 2012, Ch. 43, Sec. 58. (SB 1023) Effective June 27, 2012.) - 7520. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. )
On an inmate’s release, correctional institution staff must notify the parole or probation officer about specified HIV/AIDS/hepatitis status and share relevant precautionary medical information. Parole or probation officers who learn of certain infections from responsible medical authorities must ensure the person contacts the county health department or otherwise receives counseling and treatment information.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7520. (a) Upon the release of an inmate from a correctional institution, a medical representative of the institution shall notify the inmate’s parole or probation officer, where it is the case, that the inmate has tested positive for infection with HIV, or has been diagnosed as having AIDS or hepatitis B and C. The representative of the correctional institution shall obtain the latest available medical information concerning any precautions which should be taken under the circumstances, and shall convey that information to the parole or probation officer. (b) When a parole or probation officer learns from responsible medical authorities that a person on parole, probation, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision under his or her jurisdiction has AIDS or has tested positive for HIV infection, or hepatitis B or C, the parole or probation officer shall be responsible for ensuring that the parolee or probationer contacts the county health department in order to be, or through his or her own physician and surgeon is, made aware of counseling and treatment for AIDS or hepatitis B or C, as appropriate commensurate with that available to the general population of that county. (Amended by Stats. 2012, Ch. 43, Sec. 59. (SB 1023) Effective June 27, 2012.) - 7521. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. )
Parole or probation officers must handle certain inmate medical information in limited ways, keep some disclosures confidential, and disclose only under specified conditions.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7521. (a) When a parole or probation officer learns from responsible medical authorities that a supervised person in his or her custody has any of the conditions listed in Section 7520, but that the supervised person has not properly informed his or her spouse, the officer may ensure that this information is relayed to the spouse only through either the chief medical officer of the institution from which the person was released or the physician and surgeon treating the spouse or the supervised person. The parole or probation officer shall seek to ensure that proper counseling accompanies release of this information to the spouse, through the person providing the information to the inmate’s spouse. (b) If a parole or probation officer has received information from appropriate medical authorities that one of his or her supervised persons is HIV infected or has AIDS or hepatitis B or C, and the supervised person has a record of assault on a peace officer, and the officer seeks the aid of local law enforcement officers to apprehend or take into custody the supervised person, he or she shall inform the officers assisting him or her in apprehending or taking into custody the supervised person, of the person’s condition, to aid them in protecting themselves from contracting AIDS or hepatitis B or C. (c) Local law enforcement officers receiving information pursuant to this subdivision shall maintain confidentiality of information received pursuant to subdivision (b). Willful use or disclosure of this information is a misdemeanor. Parole or probation officers who willfully or negligently disclose information about AIDS or hepatitis B or C infection, other than as prescribed under this title or any other provision of law, shall also be guilty of a misdemeanor. (d) For purposes of this section, “supervised person” means a person on parole, probation, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision. (Amended by Stats. 2012, Ch. 43, Sec. 60. (SB 1023) Effective June 27, 2012.) - 7522. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. )
Correctional-institution supervisory and medical personnel must notify law enforcement employees after qualifying exposure to inmates’ bodily fluids and must provide medical precautions, protective gear, and staff instruction. A reporting law enforcement employee must be told the results of any related test.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7522. (a) Supervisory and medical personnel in correctional institutions shall notify all law enforcement employees when those employees have had direct contact with the bodily fluids of inmates or persons charged or in custody who either have tested positive for infection with HIV, or been diagnosed as having AIDS or hepatitis B or C. (b) Supervisory and medical personnel at correctional institutions shall provide to employees covered by this section the latest medical information regarding precautions to be taken under the circumstances, and shall furnish proper protective clothing and other necessary protective devices or equipment, and instruct staff on the applicability of this title. (c) The law enforcement employee who reported an incident pursuant to Section 7510 shall be notified of the results of any test administered to any person as a result of the reporting. (Amended by Stats. 2006, Ch. 800, Sec. 14. Effective January 1, 2007.) - 7523. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. )
Information a law enforcement employee gets under this chapter is confidential and generally cannot be disclosed unless this chapter specifically allows it. The same rule applies to information obtained by a panel member under Sections 7515 or 7516, unless this title authorizes disclosure.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 3. Notification Requirement [7520 - 7523] ( Chapter 3 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7523. Information obtained by a law enforcement employee pursuant to this chapter shall be confidential, and shall not be disclosed except as specifically authorized by this chapter. Information obtained by a member of a panel pursuant to Section 7515 or 7516 shall not be disclosed except as authorized by this title. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7530. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 4. Testing Procedures [7530 - 7531] ( Chapter 4 added by Stats. 1988, Ch. 1579, Sec. 2. )
This section sets procedures for prisoner medical testing, including who may draw blood, how HIV test samples and results must be handled, confidentiality rules, and immunity for compliant participants.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 4. Testing Procedures [7530 - 7531] ( Chapter 4 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7530. The following procedures shall apply to testing conducted under this title: (a) The withdrawal of blood shall be performed in a medically approved manner. Only a physician, registered nurse, licensed vocational nurse, licensed medical technician, or licensed phlebotomist may withdraw blood specimens for the purposes of this title. (b) The chief medical officer, as specified in Chapter 2 (commencing with Section 7510), shall order that the blood specimens be transmitted to a licensed medical laboratory which has been approved by the State Department of Health Services for the conducting of HIV testing, and that tests including all readily available confirmatory tests be conducted thereon for medically accepted indications of exposure to or infection with HIV. The State Department of Health Services shall adopt standards for the approval of medical laboratories for the conducting of HIV testing under this title. The State Department of Health Services shall adopt standards for the conducting of tests under Section 7530. Testing for hepatitis B or C may be conducted by any licensed medical laboratory approved by the chief medical officer. (c) Copies of the test results shall be sent by the laboratory to the chief medical officer who made the decision under either Section 7511 or 7512 or who convened the panel under Section 7515 or 7516. The laboratory shall be responsible for protecting the confidentiality of these test results. Willful or negligent breach of this responsibility shall be grounds for a violation of the contract. (d) The test results shall be sent by the chief medical officer to the designated recipients with the following disclaimer: “The tests were conducted in a medically approved manner but tests cannot determine exposure to or infection by AIDS or other communicable diseases with absolute accuracy. Persons receiving this test result should continue to monitor their own health and should consult a physician as appropriate.” (e) If the person subject to the test is a minor, copies of the test result shall also be sent to the minor’s parents or guardian. (f) All persons, other than the test subject, who receive test results shall maintain the confidentiality of personal identifying data relating to the test results, except for disclosure which may be necessary to obtain medical or psychological care or advice, or to comply with this title. (g) The specimens and the results of the tests shall not be admissible evidence in any criminal or disciplinary proceeding. (h) Any person performing testing, transmitting test results, or disclosing information in accordance with this title shall be immune from civil liability for any action undertaken in accordance with this title. (Amended by Stats. 2006, Ch. 800, Sec. 15. Effective January 1, 2007.) - 7531. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 4. Testing Procedures [7530 - 7531] ( Chapter 4 added by Stats. 1988, Ch. 1579, Sec. 2. )
Positive test results under this title may not be disclosed to any person unless the initial positive result has been confirmed by appropriate confirmatory tests.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 4. Testing Procedures [7530 - 7531] ( Chapter 4 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7531. Notwithstanding any other provision of law, no positive test results obtained pursuant to this title shall be disclosed to any person unless the initial positive test result has been confirmed by appropriate confirmatory tests for positive reactors. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7540. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 5. Penalties [7540- 7540.] ( Chapter 5 added by Stats. 1988, Ch. 1579, Sec. 2. )
A person who willfully makes false reports related to testing, or willfully uses or discloses test results or confidential information in violation of the title, commits a misdemeanor.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 5. Penalties [7540- 7540.] ( Chapter 5 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7540. A person committing any of the following acts shall be guilty of a misdemeanor: (a) Willful false reporting in conjunction with a report or a request for testing under this title. (b) Willful use or disclosure of test results or confidential information in violation of any of the provisions of this title. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7550. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. )
The State Department of Health Services must prepare standardized forms for required reports, notices, and findings, and distribute them to specified agencies within three months of this title’s effective date.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7550. The State Department of Health Services shall prepare standardized forms for the reports, notices, and findings required by this title, and distribute these forms to the Department of Corrections, the Department of the Youth Authority, and to each county health officer within three months of the effective date of this title. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7551. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. )
Agencies covered by this title must inform staff about the title’s provisions and help implement them.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7551. A correctional, custodial, or law enforcement agency to which this title applies shall be responsible for informing staff of the provisions of this title, and assisting in its implementation as it applies to the respective agency. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7552. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. )
This section recommends that covered city, county, correctional, custodial, and law enforcement agencies operate an AIDS and HIV prevention and education program, and says the Corrections Standards Authority and the State Department of Health Services shall assist in developing those programs.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7552. (a) It is recommended that every city or county correctional, custodial, and law enforcement agency to which this title applies have a comprehensive AIDS and HIV prevention and education program in operation by March 31, 1989. Recommended goals for the programs include all of the following: (1) Education. Implementation of an educational plan which includes education and training for officers, support staff, and inmates on the prevention and transmission of HIV, with regular updates, at least every three months, with all persons held in custody for at least 12 hours in a correctional institution being provided at least with a pamphlet approved by the county health officer, and more detailed education for persons kept beyond three days. (2) Body fluid precautions. Because all bodily fluids are considered as potentially infectious, supplying all employees of correctional institutions with the necessary equipment and supplies to follow accepted universal bodily fluids precautions, including gloves and devices to administer cardiopulmonary resuscitation, when dealing with infected persons or those in high-risk groups for HIV or hepatitis B or C. (3) Separate housing for infected individuals. Making available adequate separate housing facilities for housing inmates who have tested positive for HIV infection and who continue to engage in activities which transmit HIV, with facilities comparable to those of other inmates with access to recreational and educational facilities, commensurate with the facilities available in the correctional institution. (4) Adequate AIDS medical services. The provision of medical services appropriate for the diagnosis and treatment of HIV infection. (5) These guidelines are advisory only and do not constitute a state mandate. (b) The program shall require confidentiality of information in accordance with this title and other provisions of law. (c) The Corrections Standards Authority and the State Department of Health Services shall assist in developing the programs. (Amended by Stats. 2006, Ch. 800, Sec. 16. Effective January 1, 2007.) - 7553. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. )
The State Department of Health Services may, with county health officer approval, conduct periodic anonymous unlinked serologic surveys of inmates or other persons in custody within a city or county when it considers them necessary for HIV detection and prevention.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7553. With the approval of the county health officer, the State Department of Health Services, as it deems necessary for HIV detection and prevention, may conduct periodic anonymous unlinked serologic surveys of all or portions of the inmate population or persons under custody within a city or county. (Added by Stats. 1988, Ch. 1579, Sec. 2. Effective September 30, 1988.) - 7554. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. )
This section requires certain agencies or medical officers to report reportable HIV-exposure incidents to the State Department of Health Services, forbids sending identifying information, and requires anonymity when data is released.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8. MEDICAL TESTING OF PRISONERS [7500 - 7554] ( Title 8 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [7550 - 7554] ( Chapter 6 added by Stats. 1988, Ch. 1579, Sec. 2. ) ## 7554. (a) The purpose of this section is to establish the extent of peace officers’ occupational exposure for HIV infection. (b) The correctional, custodial, or law enforcement agency to which this title applies or the chief medical officer of a correctional, custodial, or law enforcement agency to which this title applies shall report each reportable incident involving a law enforcement employee under this title together with the disposition of each case to the State Department of Health Services. The report shall include all of the following: the assignment of the law enforcement employee; the type of incident; the type of injury sustained; the treatment rendered to the injured employee; citations to criminal laws which were allegedly violated; and the identity of the employing agency. Under no circumstances shall the identity of the law enforcement employee or the source person be transmitted by the local law enforcement agency or the chief medical officer of the local agency to the State Department of Health Services. (c) The State Department of Health Services shall release the data, upon written request, to any law enforcement agency or to any bona fide, nonprofit law enforcement research body primarily concerned with peace officer health issues, provided that the identity of any law enforcement employee, any person who is the subject of a report, or any tested person under this title shall remain anonymous. Any unauthorized release of information leading to the identity of a person whose identity is protected under this section shall constitute a misdemeanor. (d) For purposes of this section, a “reportable incident” means an incident described in subdivision (a) of Section 7510. A “source person” means a person whose bodily fluids are believed to have contacted the bodily fluids of a law enforcement employee as described in subdivision (a) of Section 7510. (Amended by Stats. 1992, Ch. 713, Sec. 26. Effective September 15, 1992.) - 7570. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. )
The Legislature states that tuberculosis is a serious contagious disease and that examinations, testing, and treatment are vital to control its spread in California institutions.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. ) ## 7570. In enacting this chapter, the Legislature hereby finds and declares that tuberculosis is a serious contagious disease. It is vital to the health and safety of inmates, employees, and the public at large, to conduct appropriate examinations, testing, and treatment in order to control the spread of tuberculosis in California’s institutions. (Added by Stats. 1993, Ch. 932, Sec. 9. Effective October 8, 1993.) - 7571. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. )
This section defines terms used in the tuberculosis-examination title.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. ) ## 7571. For purposes of this title, the following definitions shall apply: (a) “Chief medical officer” means the chief medical officer or acting chief medical officer of a state prison or any facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority. (b) “Inmate or ward” means any person incarcerated within the jurisdiction of the Department of Corrections or the Department of the Youth Authority, with the exception of a person on parole. (c) “Institution” means any state prison, camp, center, office, or other facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority. (d) “Examination, test, or treatment” means methods, processes, or other means, including medical evaluations, testing, followup examinations, or treatment, in accordance with the recommendations of the Centers for Disease Control and Prevention and as specified in the guidelines for tuberculosis control of the Department of Corrections and the Department of the Youth Authority. (e) “Medical evaluation” means taking a history or gathering other information and may include, but is not limited to, listening to the chest or other examinations or tests as specified in the guidelines for tuberculosis control of the Department of Corrections and the Department of the Youth Authority. (f) “Department” means the Department of Corrections and the Department of the Youth Authority. (g) “Chief of medical services” means the medical officer, acting medical officer, or designee responsible for all medical services of the Department of Corrections or the Department of the Youth authority. (Added by Stats. 1993, Ch. 932, Sec. 9. Effective October 8, 1993.) - 7572. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. )
The chief of medical services, or a designee, must investigate infectious-stage tuberculosis cases and may inspect, examine, quarantine, or isolate affected inmates or wards.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. ) ## 7572. The chief of medical services, or his or her designee, shall use every available means to ascertain the existence of, and to immediately investigate all reported or suspected cases of, tuberculosis in the infectious stages and to ascertain the source or sources of the infections. In carrying out these investigations, the chief of medical services, or his or her designee, is hereby invested with full powers of inspection, examination, and quarantine or isolation of all inmates or wards known to be, or reasonably suspected to be, infected with tuberculosis in an infectious stage. (Added by Stats. 1993, Ch. 932, Sec. 9. Effective October 8, 1993.) - 7573. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. )
The chief medical officer must order tuberculosis exams or tests for inmates or wards when there is reasonable suspicion or necessity, may order treatment in those circumstances, and must ensure testing happens at incarceration and at least yearly after that.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. ) ## 7573. (a) The chief medical officer shall order an inmate or ward to receive an examination or test, or may order an inmate or ward to receive treatment if the medical officer has a reasonable suspicion that the inmate or ward has, has had, or has been exposed to tuberculosis in an infectious stage and the chief medical officer has reasonable grounds to believe that it is necessary for the preservation and protection of staff and inmates or wards. (b) The chief medical officer shall ensure that examinations or tests for tuberculosis on all inmates or wards are conducted upon incarceration and at least annually thereafter. (Added by Stats. 1993, Ch. 932, Sec. 9. Effective October 8, 1993.) - 7574. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. )
If an inmate or ward refuses tuberculosis examination, testing, or treatment, or fails to follow department tuberculosis-control rules after notice, involuntary testing is required and involuntary treatment is allowed.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. ) ## 7574. Notwithstanding Section 2600 or 2601, or any other provision of law, any inmate or ward who refuses to submit to an examination, test, or treatment for tuberculosis as described in Section 7572 or 7573, or who refuses treatment for tuberculosis, or who, after notice, violates, or refuses or neglects to conform to, any rule, order, guideline, or regulation prescribed by the department with regard to tuberculosis control shall be tested involuntarily and may be treated involuntarily. This inmate or ward shall be subject to disciplinary action as described in Title 15 of the California Code of Regulations. (Added by Stats. 1993, Ch. 932, Sec. 9. Effective October 8, 1993.) - 7575. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. )
The Department of Corrections must follow tuberculosis-control guidelines developed with the State Department of Health Services and adopted by July 1, 1994.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. ) ## 7575. To provide effective control of the spread of tuberculosis in institutions and to identify those among the inmate and ward populations with tuberculosis, the Department of Corrections shall operate pursuant to guidelines developed in consultation with the State Department of Health Services, which shall be adopted on or before July 1, 1994. The guidelines shall include, but not be limited to, establishing a reporting system which emphasizes standardized, uniform data collection, reporting, and assessment, as specified in Section 7576. (Added by Stats. 1993, Ch. 932, Sec. 9. Effective October 8, 1993.) - 7576. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. )
Specified corrections and parole agencies must compile tuberculosis-related information and send the results to the State Department of Health Services each year.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS [7570 - 7576] ( Title 8.7 repealed [comm. with Section 7580] and added by Stats. 1993, Ch. 932, Sec. 9. ) ## 7576. (a) The Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, and the Youthful Offender Parole Board shall compile information through each department’s respective reporting systems for individual institutions and each respective department as a whole and shall provide the results to the State Department of Health Services annually. The information reported shall consist of the following: (1) Prevalence rates and conversion rates (tuberculin incidence) for tuberculosis infection for inmates or wards and staff in each institution. (2) Case numbers and case rates for tuberculosis disease for inmates or wards in each institution. (b) Subject to additional staffing resources provided through the state budget process, the departments described in subdivision (a) shall also compile the following information for individual institutions and each respective department as a whole and shall provide the results to the State Department of Health Services annually: (1) Percentage of inmates and wards with tuberculosis disease who complete the prescribed course of directly observed curative therapy in accordance with the Centers for Disease Control and Prevention recommendations and as specified in the department’s guidelines for tuberculosis control. (2) Percentage of inmates and wards with culture positive sputum that convert to culture negative in accordance with the Centers for Disease Control and Prevention recommendations and as specified in the department’s guidelines for tuberculosis control. (3) Percentage of inmates and wards with tuberculosis who complete the prescribed INH (isoniazid) or other appropriate directly observed preventive therapy in accordance with the Centers for Disease Control and Prevention recommendations and as specified in the department’s guidelines for tuberculosis control. (Added by Stats. 1993, Ch. 932, Sec. 9. Effective October 8, 1993.) - 76. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
A person who knowingly and willingly makes certain threats against listed public officials or related persons, with intent that the statement be taken as a threat and the apparent ability to carry it out, commits a public offense.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 76. (a) Every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff, immediate family, or immediate family of the staff of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any means, is guilty of a public offense, punishable as follows: (1) Upon a first conviction, the offense is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment. (2) If the person has been convicted previously of violating this section, the previous conviction shall be charged in the accusatory pleading, and if the previous conviction is found to be true by the jury upon a jury trial, or by the court upon a court trial, or is admitted by the defendant, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (b) Any law enforcement agency that has knowledge of a violation of this section involving a constitutional officer of the state, a Member of the Legislature, or a member of the judiciary shall immediately report that information to the Department of the California Highway Patrol. (c) For purposes of this section, the following definitions shall apply: (1) “Apparent ability to carry out that threat” includes the ability to fulfill the threat at some future date when the person making the threat is an incarcerated prisoner with a stated release date. (2) “Serious bodily harm” includes serious physical injury or serious traumatic condition. (3) “Immediate family” means a spouse, parent, or child, or anyone who has regularly resided in the household for the past six months. (4) “Staff of a judge” means court officers and employees, including commissioners, referees, and retired judges sitting on assignment. (5) “Threat” means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. (d) As for threats against staff or immediate family of staff, the threat must relate directly to the official duties of the staff of the elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section. (e) A threat must relate directly to the official duties of a Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section. (Amended by Stats. 2011, Ch. 15, Sec. 239. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 76.5. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
A person must not knowingly post the home address or telephone number of an elected or appointed official, or that official’s residing spouse or child, on the internet when doing so with the specified harmful intent.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 76.5. (a) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official’s residing spouse or child, on the internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. (b) A violation of this section is a misdemeanor. (c) A violation of this section that leads to the bodily injury of the official, or the official’s residing spouse or child, is a misdemeanor or a felony. (d) “Elected or appointed official” has the same meaning as that term is defined in Section 7920.500 of the Government Code. (Added by Stats. 2025, Ch. 200, Sec. 25. (AB 1521) Effective January 1, 2026.) - 77. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )
Most provisions in this title apply to administrative and ministerial officers, except Section 76.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 77. The various provisions of this title, except Section 76, apply to administrative and ministerial officers, in the same manner as if they were mentioned therein. (Amended by Stats. 1982, Ch. 1405, Sec. 2.) - 777. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
A person is punishable under state law for a public offense committed in the state, unless the offense is exclusively within the federal courts.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 777. Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States; and except as otherwise provided by law the jurisdiction of every public offense is in any competent court within the jurisdictional territory of which it is committed. (Amended by Stats. 1951, Ch. 1674.) - 777a Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
If a parent violates Section 270, the offense may be heard by any competent court in the territory where the minor is cared for or where the parent is apprehended.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 777a. If a parent violates the provisions of Section 270 of this code, the jurisdiction of such offense is in any competent court of either the jurisdictional territory in which the minor child is cared for or in which such parent is apprehended. (Added by Stats. 1951, Ch. 1674.) - 777b Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
Perjury committed outside California may be punished in the competent California court for the territory where the related act or proceeding occurred.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 777b. Perjury, in violation of Section 118, committed outside of the State of California is punishable in a competent court in the jurisdictional territory in this state in which occurs the act, transaction, matter, action, or proceeding, in relation to which the testimony, declaration, deposition, or certification was given or made. (Added by Stats. 1980, Ch. 889, Sec. 4.) - 778. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
A defendant can be punished in this State for a public offense that started outside the State but was completed inside the State through the defendant’s direct acts or an agent.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 778. When the commission of a public offense, commenced without the State, is consummated within its boundaries by a defendant, himself outside the State, through the intervention of an innocent or guilty agent or any other means proceeding directly from said defendant, he is liable to punishment therefor in this State in any competent court within the jurisdictional territory of which the offense is consummated. (Amended by Stats. 1951, Ch. 1674.) - 778a Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
A person can be punished in this state for certain crimes even if the crime is completed partly or entirely outside the state.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 778a. (a) Whenever a person, with intent to commit a crime, does any act within this state in execution or part execution of that intent, which culminates in the commission of a crime, either within or without this state, the person is punishable for that crime in this state in the same manner as if the crime had been committed entirely within this state. (b) Whenever a person who, within this state, kidnaps another person within the meaning of Sections 207 and 209, and thereafter carries the person into another state or country and commits any crime of violence or theft against that person in the other state or country, the person is punishable for that crime of violence or theft in this state in the same manner as if the crime had been committed within this state. (Amended by Stats. 2001, Ch. 854, Sec. 39. Effective January 1, 2002.) - 778b Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
A person who is outside California but helps cause a crime to be committed in California, and is later found in the state, is punishable as if the conduct had happened while inside the state.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 778b. Every person who, being out of this state, causes, aids, advises, or encourages any person to commit a crime within this state, and is afterwards found within this state, is punishable in the same manner as if he had been within this state when he caused, aided, advised, or encouraged the commission of such crime. (Added by Stats. 1905, Ch. 529.) - 781. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
This section says that, except as provided in Section 923, a public offense committed partly in one jurisdiction and partly in another may be tried in any competent court in either jurisdiction.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 781. Except as provided in Section 923, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. (Amended by Stats. 2013, Ch. 59, Sec. 2. (SB 514) Effective January 1, 2014.) - 782. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
A public offense committed on or near the boundary between two or more jurisdictional territories may be heard in a competent court in either territory.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 782. When a public offense is committed on the boundary of two or more jurisdictional territories, or within 500 yards thereof, the jurisdiction of such offense is in any competent court within either jurisdictional territory. (Amended by Stats. 1951, Ch. 1674.) - 783. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
This section assigns jurisdiction over certain public offenses committed on transportation to a competent court along the route or at the place where the trip ends.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 783. When a public offense is committed in this State, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of its voyage, or on a railroad train or car, motor vehicle, common carrier transporting passengers or on an aircraft prosecuting its trip, the jurisdiction is in any competent court, through, on, or over the jurisdictional territory of which the vessel, train, car, motor vehicle, common carrier or aircraft passes in the course of its voyage or trip, or in the jurisdictional territory of which the voyage or trip terminates. (Amended by Stats. 1951, Ch. 1674.) - 783.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
If a public offense happens in a park that spans more than one county, any competent court in any county where part of the park lies has jurisdiction.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 783.5. When a public offense is committed in a park situated in more than one county, the jurisdiction over such an offense is in any competent court in any county in which any part of the park is situated. “Park,” as used in this section means any area of land, or water, or both, which has been designated as a park or recreation area by any public agency or political subdivision of this state. (Added by Stats. 1965, Ch. 582.) - 784. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
This section says where a criminal action may be heard for certain offenses involving unlawful seizure, confinement, kidnapping, or taking a person for concubinage or prostitution.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 784. The jurisdiction of a criminal action: (a) For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping another, with intent, against his or her will, to cause him or her to be secretly confined or imprisoned in this state, or to be sent out of the state, or from one county to another, or to be sold as a slave, or in any way held to service; (b) For inveigling, enticing, or taking away any person for the purpose of concubinage or prostitution, as defined in subdivision (b) of Section 647; Is in any competent court within the jurisdictional territory in which the offense was committed, or in the jurisdictional territory out of which the person upon whom the offense was committed was taken or within the jurisdictional territory in which an act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein. (Amended by Stats. 1983, Ch. 990, Sec. 6.) - 784.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
A criminal case for violating Sections 277, 278, or 278.5 may be brought in any of several listed jurisdictional territories, and district attorneys may agree on which one will prosecute if more than one territory has jurisdiction.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 784.5. The jurisdiction of a criminal action for a violation of Section 277, 278, or 278.5 shall be in any one of the following jurisdictional territories: (a) Any jurisdictional territory in which the victimized person resides, or where the agency deprived of custody is located, at the time of the taking or deprivation. (b) The jurisdictional territory in which the minor child was taken, detained, or concealed. (c) The jurisdictional territory in which the minor child is found. When the jurisdiction lies in more than one jurisdictional territory, the district attorneys concerned may agree which of them will prosecute the case. (Amended by Stats. 1984, Ch. 1207, Sec. 5.) - 784.7. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
This section sets venue rules for certain offenses occurring in more than one jurisdiction and requires a Section 954 hearing with written proof of district attorneys’ venue agreement.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 784.7. (a) If more than one violation of Section 220, except assault with intent to commit mayhem, 261, 264.1, 269, 286, 287, 288, 288.5, 288.7, or 289 or former Section 262 or 288a occurs in more than one jurisdictional territory, the jurisdiction of any of those offenses, and for any offenses properly joinable with that offense, is in any jurisdiction where at least one of the offenses occurred, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. (b) If more than one violation of Section 243.4, 261.5, 273a, 273.5, 646.9, or any crime of domestic violence as defined in subdivision (b) of Section 13700 occurs in more than one jurisdictional territory, and the defendant and the victim are the same for all of the offenses, the jurisdiction of any of those offenses and for any offenses properly joinable with that offense is in any jurisdiction where at least one of the offenses occurred, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. (c) If more than one violation of Section 236.1, 266h, or 266i occurs in more than one jurisdictional territory, the jurisdiction of any of those offenses, and for any offenses properly joinable with that offense, is in any jurisdiction where at least one of the offenses occurred, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, the rights of the defendant and the people, and the convenience of, or hardship to, the victim or victims and witnesses. (Amended by Stats. 2023, Ch. 666, Sec. 1. (AB 806) Effective January 1, 2024.) - 784.8. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
When multiple felony violations in different territories are involved, venue may be in any jurisdiction where one offense occurred, but only after a Section 954 hearing and written proof that all affected district attorneys agree. If there is no written agreement from a district attorney, those charged offenses must be returned to that jurisdiction.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 784.8. If more than one felony violation of subdivision (d) or (e) of Section 368 occurs in more than one jurisdictional territory, the jurisdiction of any of those offenses, and for any offenses properly joinable with that offense, is in any jurisdiction where at least one of the offenses occurred, subject to a hearing, pursuant to Section 954, within the jurisdiction of the proposed trial. At the hearing held pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction of the offenses agree to the venue. Charged offenses from any jurisdiction where there is not a written agreement from the district attorney shall be returned to that jurisdiction. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, the rights of the defendant and the people, and the convenience of, or hardship to, the victim or victims and witnesses. (Added by Stats. 2019, Ch. 206, Sec. 1. (SB 304) Effective January 1, 2020.) - 785. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
This section lets a competent court hear certain incest or bigamy cases in more than one place.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 785. When the offense of incest is committed in the jurisdictional territory of one competent court and the defendant is apprehended in the jurisdictional territory of another competent court the jurisdiction is in either court. When the offense of bigamy is committed, the jurisdiction is in any competent court within the jurisdictional territory of which the marriage took place, or cohabitation occurred or the defendant was apprehended. (Amended by Stats. 1951, Ch. 1674.) - 786. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
This section sets where certain criminal cases may be heard, including property crimes, misuse of personal identifying information, and unauthorized distribution of intimate images, and it requires hearings in some multi-county filing situations.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 786. (a) If property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. (b) (1) The jurisdiction of a criminal action for unauthorized use, retention, or transfer of personal identifying information, as defined in subdivision (b) of Section 530.55, shall also include the county where the theft of the personal identifying information occurred, the county in which the victim resided at the time the offense was committed, or the county where the information was used for an illegal purpose. If multiple offenses of unauthorized use of personal identifying information, either all involving the same defendant or defendants and the same personal identifying information belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying identity theft offense or identity theft offenses. (2) When charges alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether or not the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. (3) When an action for unauthorized use, retention, or transfer of personal identifying information is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim’s residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. (c) (1) The jurisdiction of a criminal action for conduct specified in paragraph (4) of subdivision (j) of Section 647 shall also include the county in which the offense occurred, the county in which the victim resided at the time the offense was committed, or the county in which the intimate image was used for an illegal purpose. If multiple offenses of unauthorized distribution of an intimate image, either all involving the same defendant or defendants and the same intimate image belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying unauthorized distribution of an intimate image. (2) When charges alleging multiple offenses of unauthorized distribution of an intimate image occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. (3) When an action for unauthorized distribution of an intimate image is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim's residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. (d) This section does not alter victims’ rights under Section 530.6. (Amended by Stats. 2015, Ch. 643, Sec. 1. (AB 1310) Effective January 1, 2016.) - 786.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. )
This section says where theft-related criminal actions can be filed when the Attorney General brings the case, including counties tied to the theft, recovery, or the defendant’s acts.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Local Jurisdiction of Public Offenses [777 - 795] ( Chapter 1 enacted 1872. ) ## 786.5. (a) The jurisdiction of a criminal action brought by the Attorney General for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496. (b) The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496. (Amended by Stats. 2024, Ch. 165, Sec. 1. (AB 1779) Effective January 1, 2025.)
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