Penal Code — Part 27 | PEN — United States — California law | Esheria

Penal Code

Part 27 of 29 · provisions 5,201–5,400

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

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

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Provisions of Penal Code

Showing 200 of 5,647

  1. 787.

    ## 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. )

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    When multiple qualifying offenses happen in more than one jurisdiction and are part of a single scheme or terrorist attack, any of those jurisdictions may hear the offense if at least one offense occurred there.

    ## 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. ) ## 787. When multiple offenses punishable under one or more of Sections 11418, 11418.5, and 11419 occur in more than one jurisdictional territory, and the offenses are part of a single scheme or terrorist attack, the jurisdiction of any of those offenses is in any jurisdiction where at least one of those offenses occurred. (Added by Stats. 2002, Ch. 64, Sec. 1. Effective June 21, 2002.)
  2. 788.

    ## 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. )

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    If a treason case’s overt act happened outside the State, the criminal action may be brought in any county of 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. ) ## 788. The jurisdiction of a criminal action for treason, when the overt act is committed out of the State, is in any county of the State. (Amended by Code Amendments 1880, Ch. 47.)
  3. 789.

    ## 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. )

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    A criminal case for certain theft, embezzlement, or receiving-stolen-property conduct can be heard by a competent court if the property was brought into that court’s 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. ) ## 789. The jurisdiction of a criminal action for stealing or embezzling, in any other state, the property of another, or receiving it knowing it to have been stolen or embezzled, and bringing the same into this State, is in any competent court into or through the jurisdictional territory of which such stolen or embezzled property has been brought. (Amended by Stats. 1951, Ch. 1674.)
  4. 790.

    ## 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. )

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    This section sets where murder or manslaughter cases may be filed, and requires a sheriff to hand over a defendant on demand in a specific county-transfer situation.

    ## 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. ) ## 790. (a) The jurisdiction of a criminal action for murder or manslaughter is in the county where the fatal injury was inflicted or in the county in which the injured party died or in the county in which his or her body was found. However, if the defendant is indicted in the county in which the fatal injury was inflicted, at any time before his or her trial in another county, the sheriff of the other county shall, if the defendant is in custody, deliver the defendant upon demand to the sheriff of the county in which the fatal injury was inflicted. When the fatal injury was inflicted and the injured person died or his or her body was found within five hundred yards of the boundary of two or more counties, jurisdiction is in either county. (b) If a defendant is charged with a special circumstance pursuant to paragraph (3) of subdivision (a) of Section 190.2, the jurisdiction for any charged murder, and for any crimes properly joinable with that murder, shall be in any county that has jurisdiction pursuant to subdivision (a) for one or more of the murders charged in a single complaint or indictment as long as the charged murders are “connected together in their commission,” as that phrase is used in Section 954, and subject to a hearing in the jurisdiction where the prosecution is attempting to consolidate the charged murders. If the charged murders are not joined or consolidated, the murder that was charged outside of the county that has jurisdiction pursuant to subdivision (a) shall be returned to that county. (Amended by Stats. 1999, Ch. 83, Sec. 148. Effective January 1, 2000.)
  5. 791.

    ## 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. )

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    For an accessory to a public offense, jurisdiction lies in any competent court in the territory where the accessory’s offense was committed, even if the principal offense happened elsewhere.

    ## 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. ) ## 791. In the case of an accessory, as defined in Section 32, in the commission of a public offense, the jurisdiction is in any competent court within the jurisdictional territory of which the offense of the accessory was committed, notwithstanding the principal offense was committed in another jurisdictional territory. (Amended by Stats. 1951, Ch. 1674.)
  6. 792.

    ## 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. )

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    A criminal action against a principal in a public offense goes to the same court as if the principal were present and aiding and abetting.

    ## 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. ) ## 792. The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the offense is in the same court it would be under this code if he were so present and aiding and abetting therein. (Amended by Stats. 1951, Ch. 1674.)
  7. 793.

    ## 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. )

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    If conduct is a public offense within California and also within U.S. or another state or territory jurisdiction, a conviction or acquittal in that other jurisdiction bars prosecution or indictment in California.

    ## 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. ) ## 793. When an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United States, as well as of this state, a conviction or acquittal thereof in that other jurisdiction is a bar to the prosecution or indictment in this state. (Amended by Stats. 2004, Ch. 511, Sec. 4. Effective January 1, 2005.)
  8. 793.5.

    ## 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. )

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    A person convicted in these circumstances is entitled to credit for actual time served in custody in the foreign country for that crime.

    ## 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. ) ## 793.5. Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to credit for any actual time served in custody in a penal institution in that country for the crime. (Added by Stats. 2004, Ch. 511, Sec. 5. Effective January 1, 2005.)
  9. 794.

    ## 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. )

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    If an offense falls within the jurisdiction of two or more courts, a conviction or acquittal in one court bars prosecution for the same offense in another court.

    ## 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. ) ## 794. Where an offense is within the jurisdiction of two or more courts, a conviction or acquittal thereof in one court is a bar to a prosecution therefor in another. (Amended by Stats. 1951, Ch. 1674.)
  10. 795.

    ## 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. )

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    This section says where a violation of Sections 412, 413, or 414, or a conspiracy to violate them, may be heard by a competent court.

    ## 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. ) ## 795. The jurisdiction of a violation of Sections 412, 413, or 414, or a conspiracy to violate any of said sections, is in any competent court within the jurisdictional territory of which: First. Any act is done towards the commission of the offense; or, Second. The offender passed, whether into, out of, or through it, to commit the offense; or, Third. The offender is arrested. (Amended by Stats. 1951, Ch. 1674.)
  11. 799.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

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    Certain prosecutions may be started at any time, including capital or life-maximum offenses and specified felony sexual offenses.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 799. (a) Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time. (b) (1) Prosecution for a felony offense described in paragraph (1), (2), (3), (4), (6), or (7) of subdivision (a) of Section 261, paragraph (1), (2), (3), (4), or (5) of subdivision (a) of former Section 262, Section 264.1, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 286, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 287 or former Section 288a, subdivision (a) of Section 288 involving substantial sexual conduct as defined in subdivision (b) of Section 1203.066, subdivision (b) of Section 288, Section 288.5, or subdivision (a), (b), (d), (e), or (g) of Section 289 may be commenced at any time. (2) This subdivision applies to crimes that were committed on or after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017. (c) This section applies when the defendant was a minor at the time of the commission of the offense and the prosecuting attorney could have petitioned the court for a fitness hearing pursuant to Section 707 of the Welfare and Institutions Code. (Amended by Stats. 2021, Ch. 626, Sec. 38. (AB 1171) Effective January 1, 2022.)
  12. 800.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

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    For certain serious offenses, prosecution must begin within six years after the offense, unless Section 799 provides an exception.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 800. Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more shall be commenced within six years after commission of the offense. (Amended (as amended by Stats. 2011, Ch. 39, Sec. 24) by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 11. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  13. 8000.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 1. Programs With Special Focus on Substance Abuse [8000 - 8002] ( Chapter 1 heading added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 3. )

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    The Legislature states that live-in rehabilitation programs focused on substance abuse are a useful alternative to incarceration.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 1. Programs With Special Focus on Substance Abuse [8000 - 8002] ( Chapter 1 heading added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 3. ) ## 8000. The Legislature finds and declares that the existence of live-in alternative to incarceration rehabilitation programs with special focus on substance abusers provide a useful alternative to incarceration and promotes the resumption of useful lives by persons with impairments caused by drug or alcohol abuse, or persons with criminal records who, because of these impairments, cannot be absorbed into the competitive labor market, or who otherwise have little or no chance of rehabilitation. (Added by Stats. 1990, Ch. 398, Sec. 1.)
  14. 8001.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 1. Programs With Special Focus on Substance Abuse [8000 - 8002] ( Chapter 1 heading added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 3. )

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    This section defines a qualifying live-in rehabilitation program for substance abusers and sets conditions on how it must be run.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 1. Programs With Special Focus on Substance Abuse [8000 - 8002] ( Chapter 1 heading added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 3. ) ## 8001. For purposes of this title, a live-in alternative to incarceration rehabilitation program with special focus on substance abusers means any long-term (two-year minimum) private, nonprofit program that has operated and complied with the following conditions for at least five years prior to the effective date of this section: (a) Participants live full time at the program site and receive room and board, and all necessary support at no cost to the participant. (b) All necessary support shall include reasonable medical, dental, psychological, and legal services, counseling, entertainment, clothing, academic, life-skills, and interpersonal education, vocational training, rehabilitation, transportation, and recreation activities. (c) Neither the directors nor the officers of the program shall be compensated in any manner other than the manner in which the participants of the program are compensated. (d) The program shall not be operated with any public funds. (Added by Stats. 1990, Ch. 398, Sec. 1.)
  15. 8002.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 1. Programs With Special Focus on Substance Abuse [8000 - 8002] ( Chapter 1 heading added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 3. )

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    Certain rehabilitation-program participants, directors, and staff are exempt from wage-and-hour rules and Labor Code Section 1025 when they are working in program operations and program revenues are used for the program. Providers bidding on public work must include the prevailing wage rate in their bid.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 1. Programs With Special Focus on Substance Abuse [8000 - 8002] ( Chapter 1 heading added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 3. ) ## 8002. Notwithstanding any other provision of law, the participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers, when participating in operations owned and operated by the program, are exempt from the wage and hour provisions and Section 1025 of the Labor Code, so long as all revenues generated by the operation are used for the support of the program. All providers who bid on public work shall include in their bid the prevailing wage rate as required by the request. (Added by Stats. 1990, Ch. 398, Sec. 1.)
  16. 801.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

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    Prosecution for certain offenses must be commenced within three years after the offense is committed, subject to Sections 799 and 800.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 801. Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense. (Amended by Stats. 2011, Ch. 15, Sec. 446. (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.)
  17. 801.1.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

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    Certain felony prosecutions involving a victim under 18 may be started before the victim turns 40, and some other felony prosecutions must be started within 10 years of the offense.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim’s 40th birthday. (2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015. (3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice. (b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense. (Amended by Stats. 2024, Ch. 825, Sec. 1. (AB 2295) Effective January 1, 2025.)
  18. 801.2.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

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    A prosecution for a violation of subdivision (b) of Section 311.4 must begin within 10 years of the date the pornographic material was produced, despite any other time limit in this chapter.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 801.2. Notwithstanding any other limitation of time prescribed in this chapter, prosecution for a violation of subdivision (b) of Section 311.4 shall commence within 10 years of the date of production of the pornographic material. (Added by Stats. 2006, Ch. 337, Sec. 35. Effective September 20, 2006.)
  19. 801.5.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

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    For offenses described in Section 803(c), prosecution must start within four years after discovery of the offense or four years after the offense is completed, whichever is later.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 801.5. Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. (Amended by Stats. 1995, Ch. 704, Sec. 1. Effective January 1, 1996.)
  20. 801.6.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    A prosecution for certain Section 368 offenses may be filed within five years of the offense date, except theft or embezzlement violations.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, may be filed at any time within five years from the date of occurrence of such offense. (Amended by Stats. 2022, Ch. 587, Sec. 1. (AB 2274) Effective January 1, 2023.)
  21. 801.7.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    Prosecution for certain Section 502 felony offenses must start within 3 years of discovery, with a hard 6-year cap from the offense date for filing a complaint.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 801.7. (a) Notwithstanding Section 801 or any other law, prosecution for a felony offense described in Section 502 shall be commenced within three years after discovery of the commission of the offense, or within three years after the offense could have reasonably been discovered, provided, however, that in any case a complaint shall not be filed more than six years after the commission of the offense. (b) This section applies to crimes that are committed on or after January 1, 2022, and to crimes for which the statute of limitations that was in effect prior to January 1, 2022, has not elapsed as of January 1, 2022. (Added by Stats. 2021, Ch. 206, Sec. 1. (AB 1247) Effective January 1, 2022.)
  22. 801.8.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    This section sets filing deadlines for prosecutions involving a mandated reporter’s failure to report certain incidents.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 801.8. (a) Notwithstanding any other limitation of time described in this chapter, prosecution for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense. (b) Notwithstanding any other limitation of time described in this chapter, prosecution for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be child abuse or severe neglect that is not described in subdivision (a), may be filed within one year of the discovery of the offense, but in no case later than four years after the commission of the offense. (Added by Stats. 2022, Ch. 587, Sec. 2. (AB 2274) Effective January 1, 2023.)
  23. 802.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    This section sets time limits for starting prosecutions for different offenses.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 802. (a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense. (b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under 14 years of age shall be commenced within three years after commission of the offense. (c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense. (d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows: (1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense. (2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only), 7159.14 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense. (3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the offense. (4) With respect to Sections 7028, 7159.5 (nonlicensee only), and 7159.14 (nonlicensee only) of the Business and Professions Code, within four years of the commission of the offense. (e) (1) Prosecution for a misdemeanor violation of Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code or Section 2944.6 or 2944.7 of the Civil Code shall be commenced within three years after discovery of the commission of the offense, or within three years after completion of the offense, whichever is later. (2) Prosecution for a misdemeanor violation of subdivisions (b) and (e) of Section 119 of the Business and Professions Code, by parties licensed or subject to licensure pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of that code, within three years after discovery of the commission of the offense, or within three years after completion of the offense, whichever is later. (Amended by Stats. 2023, Ch. 403, Sec. 2. (SB 601) Effective January 1, 2024.)
  24. 802.5.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    Prosecution for the offense in Section 18897.93 must begin within three years after the offense is discovered.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 802.5. Notwithstanding Section 802 or any other provision of law, prosecution for the offense described in Section 18897.93 of the Business and Professions Code shall be commenced within three years after discovery of the commission of the offense. (Added by Stats. 2011, Ch. 146, Sec. 2. (SB 238) Effective January 1, 2012.)
  25. 803.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    This section mainly says when criminal limitation periods are tolled, extended, or start running later for specific crimes and 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (b) The time during which prosecution of the same person for the same conduct is pending in a court of this state is not a part of a limitation of time prescribed in this chapter. (c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: (1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. (4) A violation of Section 1090 or 27443 of the Government Code. (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. (6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. (8) A violation of Section 22430 of the Business and Professions Code. (9) A violation of Section 103800 of the Health and Safety Code. (10) A violation of Section 529a. (11) A violation of subdivision (d) or (e) of Section 368. (d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. (e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) or Chapter 6.7 (commencing with Section 25280) of Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, or Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. (f) (1) Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that the person, while under 18 years of age, was the victim of a crime described in Section 261, 286, 287, 288, 288.5, or 289, former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. (2) This subdivision applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. (3) Evidence shall not be used to corroborate the victim’s allegation if that evidence would otherwise be inadmissible during trial. Independent evidence excludes the opinions of mental health professionals. (4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, if the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. (B) This subdivision does not affect the definition or applicability of any evidentiary privilege. (C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. (g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: (A) The crime is one that is described in subdivision (c) of Section 290. (B) The offense was committed before January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. (2) For purposes of this section, “DNA” means deoxyribonucleic acid. (h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. This section does not otherwise affect the definition or applicability of any evidentiary privilege or attorney work product. (i) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. (2) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which it is discovered that, but not more than four years after, an image was intentionally distributed in violation of paragraph (4) of subdivision (j) of Section 647. (j) (1) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. (2) If, after committing the crime described in paragraph (1), a person is out of the state for the purpose of evading prosecution, the statute of limitations may be tolled for up to three years during any time the person is out of the state. (k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. (l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code. (m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided, however, that in any case a complaint may not be filed more than four years after the commission of the offense. (n) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint brought pursuant to a violation of Section 367g may be filed within one year of the discovery of the offense or within one year after the offense could have reasonably been discovered. (2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021. (Amended by Stats. 2025, Ch. 67, Sec. 156. (AB 1170) Effective January 1, 2026.)
  26. 803.5.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    For violations of Section 115 or 530.5, the limitation period does not start until the offense is discovered.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 803.5. With respect to a violation of Section 115 or 530.5, a limitation of time prescribed in this chapter does not commence to run until the discovery of the offense. (Added by Stats. 2003, Ch. 468, Sec. 10.5. Effective January 1, 2004.)
  27. 803.6.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    If more than one limitations period applies, the action must be started under the one that expires last. A change to the prosecution time period applies to a crime only if prosecution was not already barred when the change took effect.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 803.6. (a) If more than one time period described in this chapter applies, the time for commencing an action shall be governed by that period that expires the latest in time. (b) Any change in the time period for the commencement of prosecution described in this chapter applies to any crime if prosecution for the crime was not barred on the effective date of the change by the statute of limitations in effect immediately prior to the effective date of the change. (c) This section is declaratory of existing law. (Added by Stats. 2004, Ch. 368, Sec. 3. Effective January 1, 2005.)
  28. 803.7.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    A prosecution for violating Section 273.5 may be started within seven years of the crime.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 803.7. (a) Notwithstanding any other law, prosecution for a violation of Section 273.5 may be commenced within seven years of the crime. (b) This section applies to crimes that are committed on or after January 1, 2025, and to crimes for which the statute of limitations that was in effect prior to January 1, 2025, has not elapsed as of January 1, 2025. (Amended by Stats. 2024, Ch. 653, Sec. 2. (SB 690) Effective January 1, 2025.)
  29. 804.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    This section says when a prosecution for an offense is considered commenced, unless another rule in the chapter says otherwise.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 804. Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs: (a) An indictment or information is filed. (b) A complaint is filed charging a misdemeanor or infraction. (c) The defendant is arraigned on a complaint that charges the defendant with a felony. (d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint. (Amended by Stats. 2008, Ch. 110, Sec. 1. Effective January 1, 2009.)
  30. 805.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )

    Verify source ↗

    This section sets how to calculate the limitation period for a criminal offense.

    ## 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 2. Time of Commencing Criminal Actions [799 - 805] ( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. ) ## 805. For the purpose of determining the applicable limitation of time pursuant to this chapter: (a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed. Any enhancement of punishment prescribed by statute shall be disregarded in determining the maximum punishment prescribed by statute for an offense. (b) The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense. (Added by Stats. 1984, Ch. 1270, Sec. 2.)
  31. 8050.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 1. General Provisions [8050 - 8052] ( Article 1 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

    Verify source ↗

    This chapter may be cited as the Community-Based Punishment Act of 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 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 1. General Provisions [8050 - 8052] ( Article 1 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8050. This chapter shall be known and may be cited as the Community-Based Punishment Act of 1994. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  32. 8051.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 1. General Provisions [8050 - 8052] ( Article 1 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

    Verify source ↗

    Counties using community-based punishment programs must implement a locally coordinated planning process.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 1. General Provisions [8050 - 8052] ( Article 1 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8051. The Legislature hereby finds and declares as follows: (a) Community-based punishment programs require a partnership between the state and local government to provide and expand the use of intermediate sanctions for specifically targeted offender populations. (b) Community-based programs must operate to punish offenders while at the same time providing opportunities to change behavior. (c) Community-based punishment programs provide appropriate means of managing select offenders but should not be viewed as the only solution to prison overcrowding. (d) Community-based punishment programs target prison-bound and jail-bound nonviolent offenders because this group poses the least risk to the public and is the most amenable to the individualized programming and services offered by community-based programs. (e) Community-based punishment programs emphasize reducing local jail populations, thereby making jail space available for new commitments, parole violators, and probation violators who are now being sent to jail and nonviolent felons who have already been sent to prison for short periods of time. (f) Community-based punishment programs must be financed from a consistent, reliable, and separate funding source. (g) Community-based punishment programs should be expanded incrementally with a variety of pilot approaches tested to determine their effectiveness prior to expansion. (h) In order to effectively utilize available resources, to ensure appropriate management of the local offender population, each county utilizing community-based punishment programs must implement a locally coordinated planning process. (i) Since successful community-based punishment programs are dependent on the coordinated efforts of, and successful working relationships between, state and local agencies, the Board of Corrections is the logical state agency to coordinate community punishment efforts because of its extensive experience with collaborative state and local programs. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  33. 8052.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 1. General Provisions [8050 - 8052] ( Article 1 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

    Verify source ↗

    This section defines key terms used in the chapter on community-based punishment.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 1. General Provisions [8050 - 8052] ( Article 1 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8052. As used in this chapter, the following definitions shall apply: (a) “Board” means the Board of Corrections, unless otherwise indicated. (b) “Chief correctional administrator” means the sheriff, chief probation officer, or director of the county department of corrections, who is designated by the board of supervisors to have administrative responsibility for county corrections operations and programs, including a community-based punishment program. (c) “Community-based punishment” means a partnership between the state and a county or a collaboration of counties to manage and provide correctional services, especially those services considered to be intermediate sanctions at the local level of government for targeted, select offender populations pursuant to the community corrections plan of a county or a collaboration of counties. (d) “Community-based punishment plan” means the proposal for a community-based punishment program promulgated by a county or a collaboration of counties that has been developed by the chief correctional administrator, in cooperation with the district attorney, public defender, and other concerned community representatives designated by the board of supervisors, to address correctional needs in that county or collaboration of counties. (e) “Intermediate sanctions” means punishment options and sanctions other than simple incarceration in prison or jail or traditional routine probation supervision. Intermediate sanctions may be provided by correctional agencies directly or through community-based public or private correctional service providers, and include, but are not limited to, the following: (1) Short-term “shock” incarceration in either jail or prison, for a period of not more than 60 days. (2) Incarceration in a “boot camp” facility. (3) Intensive supervision. (4) Home detention with electronic monitoring. (5) Mandatory community service. (6) Restorative justice programs such as mandatory victim restitution and victim-offender reconciliation. (7) Work, training, or education in a furlough program pursuant to Section 1208. (8) Work, in lieu of confinement, in a work release program pursuant to Section 4024.2. (9) Day reporting. (10) Mandatory residential or nonresidential substance abuse treatment programs established pursuant to Chapter 9.4 (commencing with Section 6240) of Title 7. (11) Mandatory random drug testing. (12) Mother-infant care programs. (13) Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment, literacy programming, employment counseling, psychological counseling, or any combination of these and other interventions. (f) “Nonviolent offender” means a person who is not currently charged with a violent crime, as defined in Section 667.5, does not have a criminal record that includes a violent crime, meets the National Institute of Corrections (NIC) Model Classification System guidelines for classification as a nonviolent offender, and does not pose a risk to the community, as determined by the correctional administrator. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  34. 806.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )

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    A felony examination before a magistrate must start with a written complaint under oath, signed by the complainant and filed with the magistrate.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 806. A proceeding for the examination before a magistrate of a person on a charge of a felony must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. Such complaint may be verified on information and belief. When the complaint is used as a pleading to which the defendant pleads guilty under Section 859a of this code, the complaint shall contain the same allegations, including the charge of prior conviction or convictions of crime, as are required for indictments and informations and, wherever applicable, shall be construed and shall have substantially the same effect as provided in this code for indictments and informations. (Amended by Stats. 1998, Ch. 931, Sec. 359. Effective September 28, 1998.)
  35. 8060.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 2. State Administration [8060 - 8061] ( Article 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

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    The board administers this chapter and must ensure that related policies and activities by state or local government units or other organizations stay consistent with the chapter’s 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 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 2. State Administration [8060 - 8061] ( Article 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8060. This chapter shall be administered by the board. The board shall be responsible for ensuring that the policies and activities undertaken by state or local governmental units, or other organizations, in furtherance of the purposes of this chapter, are consistent with those purposes. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  36. 8061.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 2. State Administration [8060 - 8061] ( Article 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

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    The board must carry out a set of tasks to run and evaluate the community-based punishment program system.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 2. State Administration [8060 - 8061] ( Article 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8061. The board, in collaboration with state, local, and community-based departments, agencies, and organizations shall do the following: (a) Describe the parameters of effective community-based punishment programs and the relationship between the state and local jurisdictions in meeting the purposes of this chapter. (b) Develop and implement a process by which local jurisdictions are selected and can participate in pilot efforts initiated under this chapter. (c) Develop and implement the process by which counties participating in accordance with this chapter annually submit their community-based punishment program proposals for approval, modification, or both. (d) Design and implement a process for annually awarding funds to counties participating pursuant to this chapter to implement their community-based punishment program proposals, and administer and monitor the receipt, expenditure, and reporting of those funds by participating counties. (e) Provide technical assistance and support to counties and community correctional administrators in determining whether to participate in community-based punishment programs, and in either developing or annually updating their punishment programs. (f) Facilitate the sharing of information among counties and between county and state agencies relative to community-based punishment approaches and programs being initiated or already in existence, strengths and weaknesses of specific programs, specific offender groups appropriate for different programs, results of program evaluations and other data, and anecdotal material that may assist in addressing the purposes of this chapter. (g) Adopt and periodically revise regulations necessary to implement this chapter. (h) Design and provide for regular and rigorous evaluation of the community-based punishment programming undertaken pursuant to approved community-based punishment plans. (i) Design and provide for analysis and evaluation of the pilot and any subsequent implementation of this chapter, with areas of analysis to include, at a minimum, the following: (1) The relationship between the board and counties or collaborations of counties submitting county community-based punishment plans. (2) The effectiveness of this chapter in encouraging the use of intermediate as well as traditional sanctions. (3) The categories of offenders most suitable for specific intermediate sanctions, various aspects of community-based punishment programming, or both. (4) The effectiveness of the programs implemented pursuant to this chapter in maintaining public safety. (5) The cost-effectiveness of the programs implemented pursuant to this chapter. (6) The effect of the programs implemented pursuant to this chapter on prison, jail, and Department of the Youth Authority populations. (Amended by Stats. 2012, Ch. 728, Sec. 130. (SB 71) Effective January 1, 2013.)
  37. 807.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )

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    A magistrate has power to issue a warrant for the arrest of a person charged with a public offense.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 807. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. (Enacted 1872.)
  38. 808.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    This section says which judges count as magistrates.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 808. The following persons are magistrates: (a) The judges of the Supreme Court. (b) The judges of the courts of appeal. (c) The judges of the superior courts. (Amended by Stats. 2003, Ch. 62, Sec. 229. Effective January 1, 2004.)
  39. 8080.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 3. Community-Based Punishment Plan [8080- 8080.] ( Article 3 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

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    Counties or county collaborations that operate a community-based punishment program must develop a plan and keep it updated.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 3. Community-Based Punishment Plan [8080- 8080.] ( Article 3 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8080. Each county or collaboration of counties electing to operate a community-based punishment program under this chapter shall develop a community-based punishment plan describing the continuum of sanctions and services comprising its program. The plan shall be developed pursuant to guidelines established by the board and shall be updated annually or as determined by the board. The plan shall describe, at a minimum, the following: (a) System design and administration, lines of authority, and responsible personnel, including, but not limited to, the chief correctional administrator and other relevant individuals. (b) The extent and nature of citizen involvement in the development and promulgation of the community-based punishment plan, including, but not limited to, the following: (1) Consultation with a citizens’ advisory committee formed for the purpose of providing community input into the development and promulgation of a community-based punishment plan. (2) Consultation with selected community leaders. (3) Input derived from citizen testimony at public hearings or town hall meetings. (c) The number and kind of offenders to participate in community-based punishment programs. (d) Eligibility requirements. (e) How offenders, including those coming from the courts and those who are probation and parole violators, are to be selected to participate. (f) Community-based punishment program components, including, for example, which punishment options, intermediate sanctions, treatment options, or combinations are to be developed and used for which offenders. (g) Responsibilities and relationships, including, but not limited to, the elements of community-based punishment programs that are administered by the sheriff’s department, the probation department, or parole personnel, and when and how offenders are to be programmed. (h) Criteria for transferring offenders from more restrictive to less restrictive sanctions. (i) Criteria for disciplinary interventions, imposition of stricter sanctions, or return to prison or jail, when necessary. (j) Anticipated costs and funding needs. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  40. 809.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )

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    The night-time commissioner of the Santa Clara County Superior Court is treated as a magistrate for prompt probable cause hearings involving people arrested without a warrant.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 809. The night-time commissioner of the Santa Clara County Superior Court shall be considered a magistrate for the purpose of conducting prompt probable cause hearings for persons arrested without an arrest warrant as mandated by law. (Added by Stats. 1993, Ch. 909, Sec. 14. Effective January 1, 1994.)
  41. 8090.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

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    The board must administer funding for community-based punishment programs from funds appropriated by the Legislature, and programs may also use several other funding sources.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8090. Implementation of this chapter pursuant to Section 8060 is contingent upon the availability of funding. Funding for community-based punishment programs shall be administered by the board from funds appropriated by the Legislature. In addition to state funds appropriated in the annual Budget Act or other legislation, programs may be funded from a variety of sources, including, but not limited to, the following: (a) Federal funds for community-based punishment programs. (b) Private or corporate grants, or both. (c) Service and administrative fees that may be charged to offenders who participate in community corrections programs, provided that no offender shall be denied entrance into a community-based punishment program solely for inability to pay fees. (d) Income derived from community development corporations established as part of community-based punishment programs of a county or collaboration of counties, including, but not limited to, revenue generated by businesses owned and operated by community-based punishment programs, or by offender work programs, or by both, after the cost of operating and administering the business or work program has been paid. (e) Other sources as may be identified as suitable for funding community corrections. It is the intent of the Legislature that community corrections reduce the number of offenders who would be incarcerated in the state prison in the absence of a community-based punishment approach. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  42. 8091.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

    Verify source ↗

    The board must allocate block grants to eligible counties or county collaborations, and counties must keep accurate accounting of the funds and use them only for authorized community-based punishment 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 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8091. (a) From the amount of money appropriated for purposes of this chapter to the board, the board shall allocate block grants to counties or collaborations of counties that have passed a community corrections resolution, have applied for funding, and have complied with the administrative process as prescribed by the board. (b) Each county or collaboration of counties shall maintain a complete and accurate accounting of all funds received pursuant to this section. These funds shall be used only for community-based punishment programs as authorized by this chapter and shall be used only as permitted by the regulations and guidelines established by the board. (c) Unexpended funds provided to counties shall be returned to the board and may be reallocated by the board. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  43. 8092.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

    Verify source ↗

    The board must seek startup funding for community-based punishment planning and programming from public and private sources.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8092. The board, in collaboration with its member and constituent agencies and departments, shall seek startup funding for community-based punishment planning and programming from public and private sources commencing as soon as practicable. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  44. 8093.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. )

    Verify source ↗

    The board must monitor county funding use, notify counties of noncompliance, and may suspend payments if problems are not explained or cured.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 2. Community-Based Punishment Act [8050 - 8093] ( Chapter 2 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## ARTICLE 4. Funding [8090 - 8093] ( Article 4 added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. ) ## 8093. The board shall monitor the expenditures and funds of participating counties and collaborations of counties to determine whether the funds are being expended in accordance with all the requirements of this chapter. If the board finds that a participating county or collaboration of counties is not acting in accordance with all of the requirements of this chapter, it shall notify the county or collaboration of counties regarding the points of noncompliance, and the county or collaboration of counties shall have 60 days to explain or justify its actions in writing to the board. If the explanation is not satisfactory or if the point of noncompliance cannot be promptly cured in the opinion of the board, the board may issue a notice of noncompliance and may suspend payment of the funds to be allocated to the county or collaboration of counties under this chapter. (Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
  45. 810.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    The presiding judge must keep at least one judge reasonably available on call as a magistrate when court is not in session, and jail officials must help an arrested person or lawyer contact that magistrate as soon as possible for bail release purposes.

    ## 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 3. Complaints Before Magistrates [806 - 810] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 810. (a) The presiding judge of the superior court in a county shall, as often as is necessary, designate on a schedule not less than one judge of the court to be reasonably available on call as a magistrate for the setting of orders for discharge from actual custody upon bail, the issuance of search warrants, and for such other matters as may by the magistrate be deemed appropriate, at all times when a court is not in session in the county. (b) The officer in charge of a jail, or a person the officer designates, in which an arrested person is held in custody shall assist the arrested person or the arrested person’s attorney in contacting the magistrate on call as soon as possible for the purpose of obtaining release on bail. (c) Any telephone call made pursuant to this section by an arrested person while in custody or by such person’s attorney shall not count or be considered as a telephone call for purposes of Section 851.5 of the Penal Code. (Amended by Stats. 2002, Ch. 784, Sec. 530. Effective January 1, 2003.)
  46. 813.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A magistrate must issue an arrest warrant for a qualifying felony complaint, unless the prosecutor requests a summons and the listed conditions are met.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 813. (a) When a complaint is filed with a magistrate charging a felony originally triable in the superior court of the county in which he or she sits, if, and only if, the magistrate is satisfied from the complaint that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant, except that, upon the request of the prosecutor, a summons instead of an arrest warrant shall be issued. (b) A summons issued pursuant to this section shall be in substantially the same form as an arrest warrant and shall contain all of the following: (1) The name of the defendant. (2) The date and time the summons was issued. (3) The city or county where the summons was issued. (4) The signature of the magistrate, judge, justice, or other issuing authority who is issuing the summons with the title of his or her office and the name of the court or other issuing agency. (5) The offense or offenses with which the defendant is charged. (6) The time and place at which the defendant is to appear. (7) Notification that the defendant is to complete the booking process on or before his or her first court appearance, as well as instructions for the defendant on completing the booking process. (8) A provision for certification by the booking agency that the defendant has completed the booking process which shall be presented to the court by the defendant as proof of booking. (c) If a defendant has been properly served with a summons and thereafter fails to appear at the designated time and place, a bench warrant for arrest shall issue. In the absence of proof of actual receipt of the summons by the defendant, a failure to appear shall not be used in any future proceeding. (d) A defendant who responds to a summons issued pursuant to this section and who has not been booked as provided in subdivision (b) shall be ordered by the court to complete the booking process. (e) The prosecutor shall not request the issuance of a summons in lieu of an arrest warrant as provided in this section under any of the following circumstances: (1) The offense charged involves violence. (2) The offense charged involves a firearm. (3) The offense charged involves resisting arrest. (4) There are one or more outstanding arrest warrants for the person. (5) The prosecution of the offense or offenses with which the person is charged, or the prosecution of any other offense or offenses would be jeopardized. (6) There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered. (7) There is reason to believe that the person would not appear at the time and place specified in the summons. (Amended by Stats. 1998, Ch. 931, Sec. 362. Effective September 28, 1998.)
  47. 814.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A warrant issued under Section 813 may use this form and commands a peace officer to arrest the named defendant promptly and bring the defendant before the magistrate, or another nearby magistrate if the magistrate is unavailable.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 814. A warrant of arrest issued under Section 813 may be in substantially the following form: County of ____ The people of the State of California to any peace officer of said State: Complaint on oath having this day been laid before me that the crime of ____ (designating it generally) has been committed and accusing ____ (naming defendant) thereof, you are therefore commanded forthwith to arrest the above named defendant and bring him or her before me at ____ (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county. Dated at (place) this day of , 20__. (Signature and full official title of magistrate.) (Amended by Stats. 2015, Ch. 303, Sec. 391. (AB 731) Effective January 1, 2016.)
  48. 815.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A warrant of arrest must be signed by the issuing magistrate, judge, justice, or other issuing authority, with the office title and court or issuing agency name.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 815. A warrant of arrest shall specify the name of the defendant or, if it is unknown to the magistrate, judge, justice, or other issuing authority, the defendant may be designated therein by any name. It shall also state the time of issuing it, and the city or county where it is issued, and shall be signed by the magistrate, judge, justice, or other issuing authority issuing it with the title of his office and the name of the court or other issuing agency. (Amended by Stats. 1970, Ch. 1490.)
  49. 815a

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    When issuing an arrest warrant, the magistrate must set bail if the offense is bailable and note the bail statement on the warrant.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 815a. At the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the provisions of section 1275 will be reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is bailable, and said magistrate shall endorse upon said warrant a statement signed by him, with the name of his office, dated at the county, city or town where it is made to the following effect “The defendant is to be admitted to bail in the sum of ____ dollars” (stating the amount). (Added by Stats. 1933, Ch. 242.)
  50. 816.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A warrant of arrest may be directed and executed by certain officers, including peace officers and some authorized public officers or jail clerks, depending on the circumstances.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 816. A warrant of arrest shall be directed generally to any peace officer, or to any public officer or employee authorized to serve process where the warrant is for a violation of a statute or ordinance which such person has the duty to enforce, in the state, and may be executed by any of those officers to whom it may be delivered. When a warrant of arrest has been delivered to a peace officer and the person named in the warrant is otherwise lawfully in the custody of the peace officer, the warrant may be executed by the peace officer or by any clerk of a city or county jail authorized to act and acting under the peace officer’s direction. (Amended by Stats. 1969, Ch. 1205, Sec. 2.)
  51. 816a

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A summons under Section 813 must be served by a peace officer or authorized public officer/employee, and the server must give one copy to the defendant and file a duplicate with the magistrate.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 816a. A summons issued pursuant to Section 813 shall be served by any peace officer, or any public officer or employee authorized to serve process when the summons is for a violation of a statute or ordinance which that person has the duty to enforce, within the state. Upon service of the summons, the officer or employee shall deliver one copy of the summons to the defendant and shall file a duplicate copy with the magistrate before whom the defendant is to appear. (Added by Stats. 1988, Ch. 664, Sec. 2.)
  52. 817.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    This section sets out how a magistrate may issue a warrant of probable cause for arrest, including review of declarations, signature requirements, and later filing of a certificate of service.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 817. (a) (1) Before issuing an arrest warrant, the magistrate shall examine a declaration of probable cause made by a peace officer or, when the defendant is a peace officer, an employee of a public prosecutor’s office of this state, in accordance with subdivisions (b), (c), and (d), as applicable. The magistrate shall issue a warrant of probable cause for the arrest of the defendant only if the magistrate is satisfied after reviewing the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense. (2) The warrant of probable cause for arrest shall not begin a complaint process pursuant to Section 740 or 813. The warrant of probable cause for arrest shall have the same authority for service as set forth in Section 840 and the same time limitations as that of an arrest warrant issued pursuant to Section 813. (b) The declaration in support of the warrant of probable cause for arrest shall be a sworn statement made in writing. If the declarant transmits the proposed warrant and all affidavits and supporting documents to the magistrate using facsimile transmission equipment, email, or computer server, the conditions in subdivision (d) shall apply. (c) In lieu of the written declaration required in subdivision (b), the magistrate may accept an oral statement made under penalty of perjury and recorded and transcribed. The transcribed statement shall be deemed to be the declaration for the purposes of this section. The recording of the sworn oral statement and the transcribed statement shall be certified by the magistrate receiving it and shall be filed with the clerk of the court. In the alternative, the sworn oral statement may be recorded by a certified court reporter who shall certify the transcript of the statement, after which the magistrate receiving it shall certify the transcript, which shall be filed with the clerk of the court. (d) (1) The declarant shall sign under penalty of perjury their declaration in support of the warrant of probable cause for arrest. The declarant’s signature shall be in the form of a digital signature or electronic signature if email or computer server is used for transmission to the magistrate. The proposed warrant and all supporting declarations and attachments shall be transmitted to the magistrate utilizing facsimile transmission equipment, email, or computer server. (2) The magistrate shall verify that all the pages sent have been received, that all the pages are legible, and that the declarant’s signature, digital signature, or electronic signature is genuine. (e) A warrant of probable cause for arrest shall contain the information required pursuant to Sections 815 and 815a. (f) A warrant of probable cause for arrest may be in substantially the following form: County of ______, State of California. The people of the State of California to any peace officer of the STATE: Proof by declaration under penalty of perjury having been made this day to me by _____ (name of declarant) _____ , I find that there is probable cause to believe that the crime(s) of _____ (designate the crime/s) _____ has (have) been committed by the defendant named and described below. Therefore, you are commanded to arrest _____ (name of defendant) _____ and to bring the defendant before any magistrate in _______ County pursuant to Sections 821, 825, 826, and 848 of the Penal Code. Defendant is admitted to bail in the amount of ______ dollars ($______). Time Issued: _____ (Signature of the Judge) _____ Dated: Judge of the Court (g) Before issuing a warrant, the magistrate may examine under oath the person seeking the warrant and any witness the person may produce, take the written declaration of the person or witness, and cause the person or witness to subscribe the declaration. If the magistrate decides to issue the warrant, the magistrate shall do all of the following: (1) Sign the warrant. The magistrate’s signature may be in the form of a digital signature or electronic signature if email or computer server was used for transmission to the magistrate. (2) Note on the warrant the date and time of the issuance of the warrant. (3) Transmit via facsimile transmission equipment, email, or computer server the signed warrant to the declarant. The warrant, signed by the magistrate and received by the declarant, shall be deemed to be the original warrant. (h) An original warrant of probable cause for arrest or the duplicate original warrant of probable cause for arrest is sufficient for booking a defendant into custody. (i) After the defendant named in the warrant of probable cause for arrest has been taken into custody, the agency that obtained the warrant shall file a “certificate of service” with the clerk of the issuing court. The certificate of service shall contain all of the following: (1) The date and time of service. (2) The name of the defendant arrested. (3) The location of the arrest. (4) The location where the defendant was incarcerated. (Amended by Stats. 2021, Ch. 20, Sec. 1. (AB 127) Effective January 1, 2022.)
  53. 817.5.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A law enforcement agency may enter arrest-warrant information into the Department of Justice’s Wanted Persons System, and state or local agencies must provide an address on request for a person believed to be the subject of an outstanding arrest warrant.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 817.5. (a) On or after June 30, 2001, upon the issuance of any arrest warrant, the issuing law enforcement agency may enter the warrant information into the Department of Justice’s Wanted Persons System. (b) Notwithstanding any other provision of law, any state or local governmental agency shall, upon request, provide to the Department of Justice, a court, or any California law enforcement agency, the address of any person represented by the department, the court, or the law enforcement agency to be a person for whom there is an outstanding arrest warrant. (Added by Stats. 2000, Ch. 940, Sec. 2. Effective January 1, 2001.)
  54. 818.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A peace officer may issue a notice to appear instead of making a physical arrest in certain misdemeanor vehicle or local parking/traffic cases, if the listed conditions are met.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 818. In any case in which a peace officer serves upon a person a warrant of arrest for a misdemeanor offense under the Vehicle Code or under any local ordinance relating to stopping, standing, parking, or operation of a motor vehicle and where no written promise to appear has been filed and the warrant states on its face that a citation may be used in lieu of physical arrest, the peace officer may, instead of taking the person before a magistrate, prepare a notice to appear and release the person on his promise to appear, as prescribed by Sections 853. 6 through 853.8 of the Penal Code. Issuance of a notice to appear and securing of a promise to appear shall be deemed a compliance with the directions of the warrant, and the peace officer issuing such notice to appear and obtaining such promise to appear shall endorse on the warrant “Section 818, Penal Code, complied with” and return the warrant to the magistrate who issued it. (Amended by Stats. 1980, Ch. 336, Sec. 1.)
  55. 819.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    California law enforcement agencies must not help arrest or extradite someone under an out-of-state warrant for gender-affirming care conduct that is lawful in California, and state or local agencies must not share information about lawful care performed in California.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 819. (a) It is the public policy of the state that an out-of-state arrest warrant for an individual based on violating another state’s law against providing, receiving, or allowing their child to receive gender-affirming health care or gender-affirming mental health care is the lowest law enforcement priority. (b) California law enforcement agencies shall not knowingly make or participate in the arrest or participate in any extradition of an individual pursuant to an out-of-state arrest warrant for violation of another state’s law against providing, receiving, or allowing a child to receive gender-affirming health care and gender-affirming mental health care in this state, if that care is lawful under the laws of this state, to the fullest extent permitted by federal law. (c) No state or local law enforcement agency shall cooperate with or provide information to any individual or out-of-state agency or department regarding the provision of lawful gender-affirming health care or gender-affirming mental health care performed in this state. (d) Nothing in this section shall prohibit the investigation of any criminal activity in this state which may involve the performance of gender-affirming health care or gender-affirming mental health care provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual. (e) For the purpose of this subdivision, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code. (Added by Stats. 2022, Ch. 810, Sec. 9. (SB 107) Effective January 1, 2023.)
  56. 821.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    This section tells officers and magistrates what to do after an arrest on a warrant, including when to bring the defendant before a magistrate, give written notice, set bail, and transfer custody between counties.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 821. If the offense charged is a felony, and the arrest occurs in the county in which the warrant was issued, the officer making the arrest must take the defendant before the magistrate who issued the warrant or some other magistrate of the same county. If the defendant is arrested in another county, the officer must, without unnecessary delay, inform the defendant in writing of his right to be taken before a magistrate in that county, note on the warrant that he has so informed defendant, and, upon being required by defendant, take him before a magistrate in that county, who must admit him to bail in the amount specified in the endorsement referred to in Section 815a, and direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a day certain which shall in no case be more than 25 days after such admittance to bail. If bail be forthwith given, the magistrate shall take the same and endorse thereon a memorandum of the aforesaid order for the appearance of the defendant, or, if the defendant so requires, he may be released on bail set on the warrant by the issuing court, as provided in Section 1269b of this code, without an appearance before a magistrate. If the warrant on which the defendant is arrested in another county does not have bail set thereon, or if the defendant arrested in another county does not require the arresting officer to take him before a magistrate in that county for the purpose of being admitted to bail, or if such defendant, after being admitted to bail, does not forthwith give bail, the arresting officer shall immediately notify the law enforcement agency requesting the arrest in the county in which the warrant was issued that such defendant is in custody, and thereafter such law enforcement agency shall take custody of the defendant within five days, or five court days if the law enforcement agency requesting the arrest is more than 400 miles from the county in which the defendant is held in custody, in the county in which he was arrested and shall take such defendant before the magistrate who issued the warrant, or before some other magistrate of the same county. (Amended by Stats. 1983, Ch. 1083, Sec. 1.)
  57. 822.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    This section sets out what officers, magistrates, and jail staff must do when a misdemeanor arrest happens in another county, including notice, bail, and transfer steps.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 822. If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, without unnecessary delay, inform the defendant in writing of his right to be taken before a magistrate in that county, note on the warrant that he has so informed defendant, and, upon being required by defendant, take him before a magistrate in that county, who must admit him to bail in the amount specified in the indorsement referred to in Section 815a, or if no bail is specified, the magistrate may set bail; if the defendant is admitted to bail the magistrate shall direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a day certain which shall in no case be more than 25 days after such admittance to bail. If bail be forthwith given, the magistrate shall take the same and indorse thereon a memorandum of the aforesaid order for the appearance of the defendant. If the defendant arrested in another county on a misdemeanor charge does not require the arresting officer to take him before a magistrate in that county for the purpose of being admitted to bail, or if such defendant, after being admitted to bail, does not forthwith give bail, the arresting officer shall immediately notify the law enforcement agency requesting the arrest in the county in which the warrant was issued that such defendant is in custody, and thereafter such law enforcement agency shall take custody of such defendant within five days in the county in which he was arrested and shall take such defendant before the magistrate who issued the warrant, or before some other magistrate of the same county. If a defendant is arrested in another county on a warrant charging the commission of a misdemeanor, upon which warrant the amount of bail is indorsed as provided in Section 815a, and defendant is held in jail in the county of arrest pending appearance before a magistrate, the officer in charge of the jail shall, to the same extent as provided by Section 1269b, have authority to approve and accept bail from defendant in the amount indorsed on the warrant, to issue and sign an order for the release of the defendant, and, on posting of such bail, shall discharge defendant from custody. (Amended by Stats. 1983, Ch. 236, Sec. 2.)
  58. 823.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    After bail is taken, the magistrate and officer must process the warrant and related documents, and cash bail is handled through the county treasury and county auditor.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 823. On taking the bail, the magistrate must certify that fact on the warrant, and deliver the warrant to the officer having charge of the defendant. The magistrate shall issue to defendant a receipt for the undertaking of bail. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant to the clerk of the court at which the defendant is required to appear. If the undertaking of bail is in the form of a bond, the magistrate shall forward the bond to the court at which defendant is required to appear. If the undertaking is in the form of cash, the magistrate shall deposit the cash in the county treasury, notifying the county auditor thereof, and the county auditor shall, by warrant, transmit the amount of the undertaking to the court at which the defendant is required to appear. If authorized by the county auditor, the magistrate may deposit the money in a bank account pursuant to Section 68084 of the Government Code, and by check drawn on such bank account transmit the amount of the undertaking to the court at which the defendant is required to appear. (Amended by Stats. 1959, Ch. 133.)
  59. 824.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    If an adult falsely claims to be under 18 when taken into custody and this delays the investigation enough to block filing a complaint within 48 hours, the complaint must be filed within 48 hours after the person’s true age is determined, excluding nonjudicial days.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 824. When an adult willfully misrepresents himself or herself to be a minor under 18 years of age when taken into custody and this misrepresentation effects a material delay in investigation which prevents the filing of a criminal complaint against him or her in a court of competent jurisdiction within 48 hours, the complaint shall be filed within 48 hours from the time the true age is determined, excluding nonjudicial days. (Added by Stats. 1981, Ch. 205, Sec. 1.)
  60. 825.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    After arrest, the defendant must be brought before a magistrate promptly and in any event within 48 hours, with special timing rules when court is not in session. An attorney may visit the prisoner on request, and officers who block that visit face misdemeanor and $500 consequences.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 825. (a) (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays. (2) When the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session. However, when the defendant’s arrest occurs on a Wednesday after the conclusion of the day’s court session, and if the Wednesday is not a court holiday, the defendant shall be taken before the magistrate not later than the following Friday, if the Friday is not a court holiday. (b) After the arrest, any attorney at law entitled to practice in the courts of record of California, may, at the request of the prisoner or any relative of the prisoner, visit the prisoner. Any officer having charge of the prisoner who willfully refuses or neglects to allow that attorney to visit a prisoner is guilty of a misdemeanor. Any officer having a prisoner in charge, who refuses to allow the attorney to visit the prisoner when proper application is made, shall forfeit and pay to the party aggrieved the sum of five hundred dollars ($500), to be recovered by action in any court of competent jurisdiction. (Amended by Stats. 2003, Ch. 149, Sec. 66. Effective January 1, 2004.)
  61. 825.5.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    Certain licensed medical and mental health professionals employed to help prepare a defense may visit a prisoner in custody.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 825.5. Any physician and surgeon, including a psychiatrist, licensed to practice in this state, or any psychologist licensed to practice in this state who holds a doctoral degree and has at least two years of experience in the diagnosis and treatment of emotional and mental disorders, who is employed by the prisoner or his or her attorney to assist in the preparation of the defense, shall be permitted to visit the prisoner while he or she is in custody. (Amended by Stats. 1984, Ch. 1123, Sec. 1.)
  62. 826.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    If a defendant is taken before a different magistrate than the one who issued the warrant, the complaint must be sent to that magistrate, or a new complaint may be filed if the original complaint cannot be obtained.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 826. If on a warrant issued under Section 813 or 817 the defendant is brought before a magistrate other than the one who issued the warrant, the complaint on which the warrant was issued must be sent to that magistrate, or if it cannot be procured, a new complaint may be filed before that magistrate. (Amended by Stats. 1995, Ch. 563, Sec. 3. Effective January 1, 1996.)
  63. 827.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    If a complaint alleges a felony triable in another county and the defendant is in the filing county, the arrest-warrant procedure follows this chapter, with special handling for the warrant and complaint delivery.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 827. When a complaint is filed with a magistrate of the commission of a felony originally triable in the superior court of another county of the state than that in which the magistrate sits, but showing that the defendant is in the county where the complaint is filed, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the complaint must be delivered by the magistrate to the officer to whom the warrant is delivered. (Amended by Stats. 1998, Ch. 931, Sec. 363. Effective September 28, 1998.)
  64. 827.1.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    A person named in a misdemeanor arrest warrant may be released by citation instead of physical arrest, unless listed safety or eligibility conditions apply.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 827.1. A person who is specified or designated in a warrant of arrest for a misdemeanor offense may be released upon the issuance of a citation, in lieu of physical arrest, unless one of the following conditions exists: (a) The misdemeanor cited in the warrant involves violence. (b) The misdemeanor cited in the warrant involves a firearm. (c) The misdemeanor cited in the warrant involves resisting arrest. (d) The misdemeanor cited in the warrant involves giving false information to a peace officer. (e) The person arrested is a danger to himself or herself or others due to intoxication or being under the influence of drugs or narcotics. (f) The person requires medical examination or medical care or was otherwise unable to care for his or her own safety. (g) The person has other ineligible charges pending against him or her. (h) There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person. (i) The person refuses to sign the notice to appear. (j) The person cannot provide satisfactory evidence of personal identification. (k) The warrant of arrest indicates that the person is not eligible to be released on a citation. The issuance of a citation under this section shall be undertaken in the manner set forth in Sections 853.6 to 853.8, inclusive. (Amended by Stats. 1988, Ch. 403, Sec. 1.)
  65. 828.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    The officer who executes a warrant must bring the defendant before the nearest or most accessible county magistrate and deliver the complaint and warrant. The magistrate must then proceed as if the warrant had been issued by that magistrate.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 828. The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the complaint and the warrant, with his return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself. (Amended by Stats. 1951, Ch. 1674.)
  66. 829.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. )

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    When a misdemeanor or infraction complaint is filed in the wrong county but shows the defendant is in the filing county, the officer must take the defendant before the issuing-county magistrate if the defendant asks, and the magistrate must set bail at the Section 815a endorsement amount.

    ## 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 4. The Warrant of Arrest [813 - 829] ( Chapter 4 enacted 1872. ) ## 829. When a complaint is filed with a magistrate of the commission of a misdemeanor or infraction triable in another county of the state than that in which the magistrate sits, but showing that the defendant is in the county where the complaint is filed, the officer must, upon being required by the defendant, take the defendant before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail in the amount specified in the endorsement referred to in Section 815a, and immediately transmit the warrant, complaint, and undertaking to the clerk of the court in which the defendant is required to appear. (Amended by Stats. 1998, Ch. 931, Sec. 364. Effective September 28, 1998.)
  67. 829.5.

    ## 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 4.2. Code Enforcement Officers [829.5 - 829.7] ( Chapter 4.2 added by Stats. 2010, Ch. 117, Sec. 1. )

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    This section defines who counts as a “code enforcement officer.”

    ## 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 4.2. Code Enforcement Officers [829.5 - 829.7] ( Chapter 4.2 added by Stats. 2010, Ch. 117, Sec. 1. ) ## 829.5. (a) “Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, whose duties include enforcement of any statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints. (b) “Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (Amended by Stats. 2011, Ch. 296, Sec. 211. (AB 1023) Effective January 1, 2012.)
  68. 829.7.

    ## 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 4.2. Code Enforcement Officers [829.5 - 829.7] ( Chapter 4.2 added by Stats. 2010, Ch. 117, Sec. 1. )

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    Local jurisdictions that employ code enforcement officers must develop safety standards for those officers.

    ## 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 4.2. Code Enforcement Officers [829.5 - 829.7] ( Chapter 4.2 added by Stats. 2010, Ch. 117, Sec. 1. ) ## 829.7. Each local jurisdiction that employs code enforcement officers shall develop code enforcement officer safety standards appropriate for the code enforcement officers employed in their jurisdiction. (Added by Stats. 2021, Ch. 637, Sec. 2. (SB 296) Effective January 1, 2022.)
  69. 830.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    People covered by this chapter who meet peace-officer standards are peace officers; everyone else is not. Limits on a public officer or employee’s peace-officer functions do not change retirement status.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830. Any person who comes within the provisions of this chapter and who otherwise meets all standards imposed by law on a peace officer is a peace officer, and notwithstanding any other provision of law, no person other than those designated in this chapter is a peace officer. The restriction of peace officer functions of any public officer or employee shall not affect his or her status for purposes of retirement. (Amended by Stats. 1989, Ch. 1165, Sec. 19.)
  70. 830.1.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section identifies which officials are peace officers and describes when their authority extends statewide.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.1. (a) A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, a marshal or deputy marshal of a superior court or county, a port warden or port police officer of the Harbor Department of the City of Los Angeles, or an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows: (1) As to a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves. (2) If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by the sheriff to give consent, if the place is within a county. (3) As to a public offense committed or for which there is probable cause to believe has been committed in the peace officer’s presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense. (b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. (c) A deputy sheriff of the County of Los Angeles, and a deputy sheriff of the Counties of Amador, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Mono, Nevada, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of the officer’s respective employment and for the purpose of carrying out the primary function of employment relating to the officer’s custodial assignments, or when performing other law enforcement duties directed by the officer’s employing agency during a local state of emergency. (Amended by Stats. 2025, Ch. 51, Sec. 1. (SB 229) Effective January 1, 2026.)
  71. 830.10.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    A uniformed peace officer must wear a badge, nameplate, or similar device that clearly shows the officer’s identification number or name.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.10. Any uniformed peace officer shall wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the officer. (Amended by Stats. 1989, Ch. 1165, Sec. 38.)
  72. 830.11.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain designated employees may exercise limited peace officer arrest and warrant-serving powers if trained, but they may not carry firearms.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.11. (a) The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if they receive a course in the exercise of those powers pursuant to Section 832. The authority and powers of the persons designated under this section extend to any place in the state: (1) A person employed by the Department of Financial Protection and Innovation designated by the Commissioner of Financial Protection and Innovation, provided that the person’s primary duty is the enforcement of, and investigations relating to, the provisions of law administered by the Commissioner of Financial Protection and Innovation. (2) A person employed by the Bureau of Real Estate designated by the Real Estate Commissioner, provided that the person’s primary duty is the enforcement of the laws set forth in Part 1 (commencing with Section 10000) and Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code. The Real Estate Commissioner may designate a person under this section who, at the time of their designation, is assigned to the Special Investigations Unit, internally known as the Crisis Response Team. (3) A person employed by the State Lands Commission designated by the executive officer, provided that the person’s primary duty is the enforcement of the law relating to the duties of the State Lands Commission. (4) A person employed as an investigator of the Investigations Bureau of the Department of Insurance, who is designated by the Chief of the Investigations Bureau, provided that the person’s primary duty is the enforcement of the Insurance Code and other laws relating to persons and businesses, licensed and unlicensed by the Department of Insurance, who are engaged in the business of insurance. (5) A person employed as an investigator or investigator supervisor by the Public Utilities Commission, who is designated by the commission’s executive director and approved by the commission, provided that the person’s primary duty is the enforcement of the law as that duty is set forth in Section 308.5 of the Public Utilities Code. (6) (A) A person employed by the California Department of Tax and Fee Administration, who is designated by the department’s director, provided that the person’s primary duty is the enforcement of laws administered by the California Department of Tax and Fee Administration. (B) A person designated pursuant to this paragraph is not entitled to peace officer retirement benefits. (7) A person employed by the Department of Food and Agriculture and designated by the Secretary of Food and Agriculture as an investigator, investigator supervisor, or investigator manager, provided that the person’s primary duty is enforcement of, and investigations relating to, the Food and Agricultural Code or Division 5 (commencing with Section 12001) of the Business and Professions Code. (8) The Inspector General and those employees of the Office of the Inspector General designated by the Inspector General, provided that the person’s primary duty is the enforcement of the law relating to the duties of the Office of the Inspector General. (9) A person employed by the Department of Cannabis Control and designated by the director of the department as an investigator, investigator supervisor, or investigator manager, provided that the person’s primary duty is enforcement of, and investigations relating to, Division 10 (commencing with Section 26000) of the Business and Professions Code. This section shall apply to only those investigator positions occupied by persons previously designated by the Secretary of the Department of Food and Agriculture as an investigator, investigator supervisor, or investigative manager whose primary duty was to enforce Division 10 (commencing with Section 26000) of the Business and Professions Code. (b) Notwithstanding any other law, a person designated pursuant to this section may not carry a firearm. (c) A person designated pursuant to this section shall be included as a “peace officer of the state” under paragraph (2) of subdivision (c) of Section 11105 for the purpose of receiving state summary criminal history information and shall be furnished that information on the same basis as other peace officers designated in paragraph (2) of subdivision (c) of Section 11105. (Amended by Stats. 2022, Ch. 474, Sec. 1.5. (SB 1496) Effective January 1, 2023.)
  73. 830.12.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Local agency-designated litter control officers, vehicle abatement officers, registered sanitarians, and solid waste specialists are not peace officers and may not arrest or carry/use firearms while on the job, but the local agency’s governing board may authorize them to issue citations for abandoned vehicle and littering violations.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.12. Notwithstanding any other provision of law, persons designated by a local agency as litter control officers, vehicle abatement officers, registered sanitarians, and solid waste specialists, are not peace officers, may not exercise the powers of arrest of a peace officer, as specified in Section 836, and shall not be authorized to carry or use firearms within the scope and course of their employment. These persons may, however, be authorized by the governing board of the particular local agency to issue citations involving violations of laws relating to abandoned vehicles and littering. (Added by Stats. 1988, Ch. 726, Sec. 1.)
  74. 830.13.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain designated investigators and DOJ investigative auditors may serve warrants only within the section’s limits, if trained, but they are not peace officers and may not carry firearms.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.13. (a) The following persons are not peace officers but may exercise the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if they receive a course in the exercise of that power pursuant to Section 832. The authority and power of the persons designated under this section shall extend to any place in the state: (1) Persons employed as investigators of an auditor-controller or director of finance of any county or persons employed by a city and county who conduct investigations under the supervision of the controller of the city and county, who are regularly employed and paid in that capacity, provided that the primary duty of these persons shall be to engage in investigations related to the theft of funds or the misappropriation of funds or resources, or investigations related to the duties of the auditor-controller or finance director as set forth in Chapter 3.5 (commencing with Section 26880), Chapter 4 (commencing with Section 26900), Chapter 4.5 (commencing with Section 26970), and Chapter 4.6 (commencing with Section 26980) of Part 3 of Division 2 of Title 3 of the Government Code. (2) Persons employed by the Department of Justice as investigative auditors, provided that the primary duty of these persons shall be to investigate financial crimes. Investigative auditors shall only serve warrants for the production of documentary evidence held by financial institutions, Internet service providers, telecommunications companies, and third parties who are not reasonably suspected of engaging or having engaged in criminal activity related to the documentary evidence for which the warrant is requested. (b) Notwithstanding any other provision of law, persons designated pursuant to this section shall not carry firearms. (c) Persons designated pursuant to this section shall be included as “peace officers of the state” under paragraph (2) of subdivision (c) of Section 11105 for the purpose of receiving state summary criminal history information and shall be furnished that information on the same basis as peace officers of the state designated in paragraph (2) of subdivision (c) of Section 11105. (d) Unless otherwise specifically provided, this section confers to persons designated in this section the same authority and power to serve warrants as conferred by Section 830.11. (Amended by Stats. 2008, Ch. 81, Sec. 1. Effective January 1, 2009.)
  75. 830.14.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Transit agencies and certain transit boards may authorize or designate specified persons to enforce certain rail and transit fare and infraction rules, but those persons must complete specialized training and cannot carry weapons or use a peace officer’s arrest powers while on duty.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.14. (a) A local or regional transit agency or a joint powers agency operating rail service identified in an implementation program adopted pursuant to Article 10 (commencing with Section 130450) of Chapter 4 of Division 12 of the Public Utilities Code may authorize by contract designated persons as conductors performing fare inspection duties who are employed by a railroad corporation that operates public rail commuter transit services for that agency to act as its agent in the enforcement of subdivisions (a) to (d), inclusive, of Section 640 relating to the operation of the rail service if they complete the training requirement specified in this section. (b) The governing board of the Altamont Commuter Express Authority, a joint powers agency duly formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, by and between the Alameda County Congestion Management Agency, the Santa Clara Valley Transportation Authority, and the San Joaquin Regional Rail Commission, may contract with designated persons to act as its agents in the enforcement of subdivisions (a) to (d), inclusive, of Section 640 relating to the operation of a public transportation system if these persons complete the training requirement specified in this section. (c) The governing board of the Peninsula Corridor Joint Powers Board, a joint powers agency duly formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, by and between the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, and the City and County of San Francisco, may appoint designated persons to act as its agents in the enforcement of subdivisions (a) to (d), inclusive, of Section 640 relating to the operation of a public transportation system if these persons complete the training requirement specified in this section. (d) The governing board of Foothill Transit, a joint powers agency duly formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, by and between the Cities of Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, El Monte, Glendora, Industry, Irwindale, La Habra Heights, La Puente, La Verne, Monrovia, Pomona, San Dimas, South El Monte, Temple City, Walnut, West Covina, and the County of Los Angeles, may resolve to contract with designated persons to act as its agents in the enforcement of subdivisions (a) to (d), inclusive, of Section 640 relating to the operation of a public transportation system if these persons complete the training requirement specified in this section. (e) The governing board of the Sacramento Regional Transit District, a transit district duly formed pursuant to Part 14 (commencing with Section 102000) of Division 10 of the Public Utilities Code, may designate persons regularly employed by the district as inspectors or supervisors to enforce subdivisions (a) to (d), inclusive, of Section 640, relating to the operation of a public transportation system, and any ordinance adopted by the district pursuant to subdivision (a) of Section 102122 of the Public Utilities Code, if these persons complete the training requirement specified in this section. (f) The governing board of a transit district, as defined in subdivision (b) of Section 99170 of the Public Utilities Code, may designate employees, except for union-represented employees employed to drive revenue-generating transit vehicles, or security officers contracted by the transit district, to enforce subdivisions (a) to (d), inclusive, of Section 640, and Section 640.5, and violations of Section 99170 of the Public Utilities Code. (g) Persons authorized pursuant to this section to enforce subdivisions (a) to (d), inclusive, of Section 640, or Section 640.5, or Section 99170 of the Public Utilities Code, shall complete a specialized fare compliance course that shall be provided by the authorizing agency. This training course shall include, but not be limited to, the following topics: (1) An overview of barrier-free fare inspection concepts. (2) The scope and limitations of inspector authority. (3) Familiarization with the elements of the infractions enumerated in subdivisions (a) to (d), inclusive, of Section 640, and, as applicable, the crimes enumerated in Section 640.5, and Section 99170 of the Public Utilities Code. (4) Techniques for conducting fare checks, including inspection procedures, demeanor, and contacting violators. (5) Citation issuance and court appearances. (6) Fare media recognition. (7) Handling argumentative violators and diffusing conflict. (8) The mechanics of law enforcement support and interacting with law enforcement for effective incident resolution. (h) Persons described in this section are public officers, not peace officers, have no authority to carry firearms or any other weapon while performing the duties authorized in this section, and may not exercise the powers of arrest of a peace officer while performing the duties authorized in this section. These persons may be authorized by the agencies specified in this section to issue citations involving infractions relating to the operation of the rail service specified in this section. (i) This section does not affect the retirement or disability benefits provided to employees described in this section or be in violation of any collective bargaining agreement between a labor organization and a railroad corporation. (j) Notwithstanding any other provision of this section, the primary responsibility of a conductor of a commuter passenger train shall be functions related to safe train operation. (Amended by Stats. 2015, Ch. 303, Sec. 392. (AB 731) Effective January 1, 2016.)
  76. 830.15.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section gives certain Los Angeles World Airports airport law enforcement officers peace officer status for Section 830.1 if the listed city commissions enter into the required 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.15. (a) Notwithstanding subdivision (d) of Section 830.33, a person regularly employed as an airport law enforcement officer by Los Angeles World Airports is a peace officer for purposes of Section 830.1 if and when the Los Angeles Police Commission and the Los Angeles Board of Airport Commissioners enter into an agreement to enable the Inspector General of the Los Angeles Police Commission to conduct audits and investigations of the Los Angeles Airport Police Division. (b) For purposes of this section, “Los Angeles World Airports” means the department of the City of Los Angeles that owns and operates the Los Angeles International Airport, the Ontario International Airport, the Palmdale Regional Airport, and the Van Nuys Airport. (c) If the Los Angeles Police Commission and the Los Angeles Board of Airport Commissioners do not take the necessary actions provided in subdivision (a) and do not make a record of that action publicly available on or before April 1, 2014, this section shall become inoperative on that date and, as of January 1, 2015, is repealed, unless a later enacted statute that is enacted before January 1, 2015, deletes or extends the dates on which this section becomes inoperative and is repealed. (Added by Stats. 2013, Ch. 783, Sec. 1. (AB 128) Effective January 1, 2014. Conditionally inoperative on April 1, 2014. Repealed conditionally on January 1, 2015, by its own provisions.)
  77. 830.2.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section lists categories of California personnel who are peace officers with statewide authority, subject to specific duty and designation limits.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.2. The following persons are peace officers whose authority extends to any place in the state: (a) Any member of the Department of the California Highway Patrol including those members designated under subdivision (a) of Section 2250.1 of the Vehicle Code, provided that the primary duty of the peace officer is the enforcement of any law relating to the use or operation of vehicles upon the highways, or laws pertaining to the provision of police services for the protection of state officers, state properties, and the occupants of state properties, or both, as set forth in the Vehicle Code and Government Code. (b) A member of the University of California Police Department appointed pursuant to Section 92600 of the Education Code, provided that the primary duty of the peace officer shall be the enforcement of the law within the area specified in Section 92600 of the Education Code. (c) A member of the California State University Police Departments appointed pursuant to Section 89560 of the Education Code, provided that the primary duty of the peace officer shall be the enforcement of the law within the area specified in Section 89560 of the Education Code. (d) (1) Any member of the Office of Correctional Safety of the Department of Corrections and Rehabilitation, provided that the primary duties of the peace officer shall be the investigation or apprehension of inmates, wards, parolees, parole violators, or escapees from state institutions, the transportation of those persons, the investigation of any violation of criminal law discovered while performing the usual and authorized duties of employment, and the coordination of those activities with other criminal justice agencies. (2) Any member of the Office of Internal Affairs of the Department of Corrections and Rehabilitation, provided that the primary duties shall be criminal investigations of Department of Corrections and Rehabilitation personnel and the coordination of those activities with other criminal justice agencies. For purposes of this subdivision, the member of the Office of Internal Affairs shall possess certification from the Commission on Peace Officer Standards and Training for investigators, or have completed training pursuant to Section 6126.1. (e) Employees of the Department of Fish and Game designated by the director, provided that the primary duty of those peace officers shall be the enforcement of the law as set forth in Section 856 of the Fish and Game Code. (f) Employees of the Department of Parks and Recreation designated by the director pursuant to Section 5008 of the Public Resources Code, provided that the primary duty of the peace officer shall be the enforcement of the law as set forth in Section 5008 of the Public Resources Code. (g) The Director of Forestry and Fire Protection and employees or classes of employees of the Department of Forestry and Fire Protection designated by the director pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of the peace officer shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. (h) Persons employed by the Department of Alcoholic Beverage Control for the enforcement of Division 9 (commencing with Section 23000) of the Business and Professions Code and designated by the Director of Alcoholic Beverage Control, provided that the primary duty of any of these peace officers shall be the enforcement of the laws relating to alcoholic beverages, as that duty is set forth in Section 25755 of the Business and Professions Code. (i) Marshals and police appointed by the Board of Directors of the California Exposition and State Fair pursuant to Section 3332 of the Food and Agricultural Code, provided that the primary duty of the peace officers shall be the enforcement of the law as prescribed in that section. (j) Persons employed by the Department of Cannabis Control for the enforcement of Division 10 (commencing with Section 26000) of the Business and Professions Code and designated by the Director of the Department of Cannabis Control, provided that the primary duty of any of these peace officers shall be the enforcement of the laws as that duty is set forth in Section 26015 of the Business and Professions Code. (Amended by Stats. 2021, Ch. 70, Sec. 106. (AB 141) Effective July 12, 2021.)
  78. 830.3.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section lists certain peace officers, limits when they may carry firearms, and requires firearm qualification at least every six months if carrying is authorized.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.3. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies: (a) Persons employed by the Division of Investigation of the Department of Consumer Affairs and investigators of the Dental Board of California, who are designated by the Director of Consumer Affairs, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 160 of the Business and Professions Code. (b) Voluntary fire wardens designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of that code. (c) Employees of the Department of Motor Vehicles designated in Section 1655 of the Vehicle Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 1655 of that code. (d) The chief of licensing and enforcement, supervising investigators, and investigators of the California Horse Racing Board designated by the board, if the primary duty of these peace officers is the enforcement of the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code), Chapter 10 (commencing with Section 330) of Title 9 of Part 1, and the federal Horseracing Integrity and Safety Act of 2020 (15 U.S.C. Sec. 3051 et seq.). (e) The State Fire Marshal and assistant or deputy state fire marshals appointed pursuant to Section 13103 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 13104 of that code. (f) Inspectors of the food and drug section designated by the chief pursuant to subdivision (a) of Section 106500 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 106500 of that code. (g) All investigators of the Division of Labor Standards Enforcement designated by the Labor Commissioner, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Section 95 of the Labor Code. (h) All investigators of the State Departments of Health Care Services, Public Health, and Social Services, the Department of Toxic Substances Control, the Office of Statewide Health Planning and Development, and the Public Employees’ Retirement System, provided that the primary duty of these peace officers shall be the enforcement of the law relating to the duties of their department or office. Notwithstanding any other law, investigators of the Public Employees’ Retirement System shall not carry firearms. (i) Either the Deputy Commissioner, Enforcement Branch of, or the Fraud Division Chief of, the Department of Insurance and those investigators designated by the deputy or the chief, provided that the primary duty of those investigators shall be the enforcement of Section 550. (j) Employees of the Department of Housing and Community Development designated under Section 18023 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 18023 of that code. (k) Investigators of the office of the Controller, provided that the primary duty of these investigators shall be the enforcement of the law relating to the duties of that office. Notwithstanding any other law, except as authorized by the Controller, the peace officers designated pursuant to this subdivision shall not carry firearms. (l) Investigators of the Department of Financial Protection and Innovation designated by the Commissioner of Financial Protection and Innovation, provided that the primary duty of these investigators shall be the enforcement of the provisions of law administered by the Department of Financial Protection and Innovation. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms. (m) Persons employed by the Contractors’ State License Board designated by the Director of Consumer Affairs pursuant to Section 7011.5 of the Business and Professions Code, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 7011.5, and in Chapter 9 (commencing with Section 7000) of Division 3, of that code. The Director of Consumer Affairs may designate as peace officers not more than 12 persons who shall at the time of their designation be assigned to the special investigations unit of the board. Notwithstanding any other law, the persons designated pursuant to this subdivision shall not carry firearms. (n) The Chief and coordinators of the Law Enforcement Branch of the Office of Emergency Services. (o) Investigators of the office of the Secretary of State designated by the Secretary of State, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms. (p) The Deputy Director for Security designated by Section 8880.38 of the Government Code, and all lottery security personnel assigned to the California State Lottery and designated by the director, provided that the primary duty of any of those peace officers shall be the enforcement of the laws related to ensuring the integrity, honesty, and fairness of the operation and administration of the California State Lottery. (q) Investigators employed by the Investigation Division of the Employment Development Department designated by the director of the department, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 317 of the Unemployment Insurance Code. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms. (r) The chief, assistant chief, and all security and safety officers of museum security and safety of Exposition Park, as designated by the Exposition Park Manager pursuant to Section 4108 of the Food and Agricultural Code, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 4108 of the Food and Agricultural Code. (s) Employees of the Franchise Tax Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of the law as set forth in Chapter 9 (commencing with Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation Code. (t) (1) Notwithstanding any other provision of this section, a peace officer authorized by this section shall not be authorized to carry firearms by their employing agency until that agency has adopted a policy on the use of deadly force by those peace officers, and until those peace officers have been instructed in the employing agency’s policy on the use of deadly force. (2) Every peace officer authorized pursuant to this section to carry firearms by their employing agency shall qualify in the use of the firearms at least every six months. (u) Investigators of the Department of Managed Health Care designated by the Director of the Department of Managed Health Care, provided that the primary duty of these investigators shall be the enforcement of the provisions of laws administered by the Director of the Department of Managed Health Care. Notwithstanding any other law, the peace officers designated pursuant to this subdivision shall not carry firearms. (v) The Chief, Deputy Chief, supervising investigators, and investigators of the Office of Protective Services of the State Department of Developmental Services, the Office of Protective Services of the State Department of State Hospitals, and the Office of Law Enforcement Support of the California Health and Human Services Agency, provided that the primary duty of each of those persons shall be the enforcement of the law relating to the duties of their department or office. (Amended by Stats. 2024, Ch. 354, Sec. 6. (AB 1768) Effective January 1, 2025.)
  79. 830.31.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain peace officers may carry firearms only if authorized by their employing agency, and some must complete firearm training and requalify every six months.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.31. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized, and under the terms and conditions specified, by their employing agency. (a) A police officer of the County of Los Angeles, if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by his or her employing agency or when performing necessary duties with respect to patrons, employees, and properties of his or her employing agency. (b) A person designated by a local agency as a park ranger and regularly employed and paid in that capacity, if the primary duty of the officer is the protection of park and other property of the agency and the preservation of the peace therein. (c) (1) A peace officer of the Department of General Services of the City of Los Angeles who was transferred to the Los Angeles Police Department and designated by the Chief of Police of the Los Angeles Police Department, or his or her designee, if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by the City of Los Angeles or when performing necessary duties with respect to patrons, employees, and properties of the City of Los Angeles. For purposes of this section, “properties” means city offices, city buildings, facilities, parks, yards, and warehouses. (2) A peace officer designated pursuant to this subdivision, and authorized to carry firearms by the Los Angeles Police Department, shall satisfactorily complete the introductory course of firearm training required by Section 832 and shall requalify in the use of firearms every six months. (3) Notwithstanding any other provision of law, a peace officer designated pursuant to this subdivision who is authorized to carry a firearm by his or her employing agency while on duty shall not be authorized to carry a firearm when he or she is not on duty. (d) A housing authority patrol officer employed by the housing authority of a city, district, county, or city and county or employed by the police department of a city and county, if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by his or her employing agency or when performing necessary duties with respect to patrons, employees, and properties of his or her employing agency. (Amended by Stats. 2012, Ch. 795, Sec. 1. (SB 1466) Effective January 1, 2013.)
  80. 830.32.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section defines certain school-related police personnel as peace officers, extends their authority statewide in specified situations, and limits firearm carrying to authorized terms set by their employing agency.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.32. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) Members of a California Community College police department appointed pursuant to Section 72330 of the Education Code, if the primary duty of the police officer is the enforcement of the law as prescribed in Section 72330 of the Education Code. (b) Persons employed as members of a police department of a school district pursuant to Section 38000 of the Education Code, if the primary duty of the police officer is the enforcement of the law as prescribed in Section 38000 of the Education Code. (c) Any peace officer employed by a K-12 public school district or California Community College district who has completed training as prescribed by subdivision (f) of Section 832.3 shall be designated a school police officer. (Amended by Stats. 2000, Ch. 135, Sec. 135. Effective January 1, 2001.)
  81. 830.33.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain listed peace officers have statewide authority for specified duties, and they may carry firearms only if authorized by their employing agency under that agency’s terms and conditions.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.33. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) A member of the San Francisco Bay Area Rapid Transit District Police Department appointed pursuant to Section 28767.5 of the Public Utilities Code, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the district or when performing necessary duties with respect to patrons, employees, and properties of the district. (b) Harbor or port police regularly employed and paid in that capacity by a county, city, or district other than peace officers authorized under Section 830.1, if the primary duty of the peace officer is the enforcement of the law in or about the properties owned, operated, or administered by the harbor or port or when performing necessary duties with respect to patrons, employees, and properties of the harbor or port. (c) Transit police officers or peace officers of a county, city, transit development board, or district, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (d) Any person regularly employed as an airport law enforcement officer by a city, county, or district operating the airport or by a joint powers agency, created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, operating the airport, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, and administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (e) (1) Any railroad police officer commissioned by the Governor pursuant to Section 8226 of the Public Utilities Code, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (2) Notwithstanding any other provision of law, a railroad police officer who has met the current requirements of the Commission on Peace Officer Standards and Training necessary for exercising the powers of a peace officer, and who has been commissioned by the Governor as described herein, and the officer’s employing agency, may apply for access to information from the California Law Enforcement Telecommunications System (CLETS) through a local law enforcement agency that has been granted direct access to CLETS, provided that, in addition to other review standards and conditions of eligibility applied by the Department of Justice, the CLETS Advisory Committee and the Attorney General, before access is granted the following are satisfied: (A) The employing agency shall enter into a Release of CLETS Information agreement as provided for in the CLETS policies, practices, and procedures, and the required background check on the peace officer and other pertinent personnel has been completed, together with all required training. (B) The Release of CLETS Information agreement shall be in substantially the same form as prescribed by the CLETS policies, practices, and procedures for public agencies of law enforcement who subscribe to CLETS services, and shall be subject to the provisions of Chapter 2.5 (commencing with Section 15150) of Title 2 of Division 3 of the Government Code and the CLETS policies, practices, and procedures. (C) (i) The employing agency shall expressly waive any objections to jurisdiction in the courts of the State of California for any liability arising from use, abuse, or misuse of CLETS access or services or the information derived therefrom, or with respect to any legal actions to enforce provisions of California law relating to CLETS access, services, or information under this subdivision, and provided that this liability shall be in addition to that imposed by Public Utilities Code Section 8226. (ii) The employing agency shall further agree to utilize CLETS access, services, or information only for law enforcement activities by peace officers who have met the current requirements of the Commission on Peace Officer Standards and Training necessary for exercising the powers of a peace officer, and who have been commissioned as described herein who are operating within the State of California, where the activities are directly related to investigations or arrests arising from conduct occurring within the State of California. (iii) The employing agency shall further agree to pay to the Department of Justice and the providing local law enforcement agency all costs related to the provision of access or services, including, but not limited to, any and all hardware, interface modules, and costs for telephonic communications, as well as administrative costs. (Amended by Stats. 2004, Ch. 510, Sec. 1. Effective January 1, 2005.)
  82. 830.34.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain listed peace officers may carry firearms only if authorized and under the terms and conditions set by their employing agency.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.34. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) Persons designated as a security officer by a municipal utility district pursuant to Section 12820 of the Public Utilities Code, if the primary duty of the officer is the protection of the properties of the utility district and the protection of the persons thereon. (b) Persons designated as a security officer by a county water district pursuant to Section 30547 of the Water Code, if the primary duty of the officer is the protection of the properties of the county water district and the protection of the persons thereon. (c) The security director of the public utilities commission of a city and county, if the primary duty of the security director is the protection of the properties of the commission and the protection of the persons thereon. (d) Persons employed as a park ranger by a municipal water district pursuant to Section 71341.5 of the Water Code, if the primary duty of the park ranger is the protection of the properties of the municipal water district and the protection of the persons thereon. (Amended by Stats. 2004, Ch. 799, Sec. 1. Effective September 27, 2004.)
  83. 830.35.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section identifies certain county and district attorney office investigators, and county coroners and deputy coroners, as peace officers, with statewide authority for their primary duties or certain arrests, and limits firearm carrying to authorized terms set by the employing agency.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.35. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) A welfare fraud investigator or inspector, regularly employed and paid in that capacity by a county, if the primary duty of the peace officer is the enforcement of the provisions of the Welfare and Institutions Code. (b) A child support investigator or inspector, regularly employed and paid in that capacity by a district attorney’s office, if the primary duty of the peace officer is the enforcement of the provisions of the Family Code and Section 270. (c) The coroner and deputy coroners, regularly employed and paid in that capacity, of a county, if the primary duty of the peace officer are those duties set forth in Sections 27469 and 27491 to 27491.4, inclusive, of the Government Code. (Amended by Stats. 2000, Ch. 808, Sec. 110.3. Effective September 28, 2000.)
  84. 830.36.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain listed peace officers have statewide authority for specific duties and arrests, and may carry firearms only if their employing agency authorizes it and sets the terms.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.36. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) The Sergeant-at-Arms of each house of the Legislature, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (b) Marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (c) Court service officer in a county of the second class and third class, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (Amended by Stats. 1999, Ch. 891, Sec. 30. Effective January 1, 2000.)
  85. 830.37.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain listed peace officers have statewide authority for specified duties, and they may carry firearms only if their employing agency authorizes it and sets the terms and conditions.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.37. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency: (a) Members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers is the detection and apprehension of persons who have violated any fire law or committed insurance fraud. (b) Members other than members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers, when acting in that capacity, is the enforcement of laws relating to fire prevention or fire suppression. (c) Voluntary fire wardens as are designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. (d) Firefighter/security guards by the Military Department, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (Amended by Stats. 1992, Ch. 427, Sec. 129. Effective January 1, 1993.)
  86. 830.38.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain state hospital officers are peace officers with statewide authority for specified duties, may carry firearms only if authorized, and the California Health and Human Services Agency must issue training protocols and recommendations by stated deadlines.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.38. (a) The officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services appointed pursuant to Section 4313 or 4493 of the Welfare and Institutions Code, are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code provided that the primary duty of the peace officers shall be the enforcement of the law as set forth in Sections 4311, 4313, 4491, and 4493 of the Welfare and Institutions Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (b) By July 1, 2015, the California Health and Human Services Agency shall develop training protocols and policies and procedures for peace officers specified in subdivision (a). When appropriate, training protocols and policies and procedures shall be uniformly implemented in both state hospitals and developmental centers. Additional training protocols and policies and procedures shall be developed to address the unique characteristics of the residents in each type of facility. (c) In consultation with system stakeholders, the agency shall develop recommendations to further improve the quality and stability of law enforcement and investigative functions at both developmental centers and state hospitals in a meaningful and sustainable manner. These recommendations shall be submitted to the budget committees and relevant policy committees of both houses of the Legislature no later than January 10, 2015. (Amended by Stats. 2014, Ch. 26, Sec. 14. (AB 1468) Effective June 20, 2014.)
  87. 830.39.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Some neighboring-state officers may act as peace officers in California only if the listed conditions are met.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.39. (a) Any regularly employed law enforcement officer of the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety is a peace officer in this state if all of the following conditions are met: (1) The officer is providing, or attempting to provide, law enforcement services within this state on the state or county highways and areas immediately adjacent thereto, within a distance of up to 50 statute miles of the contiguous border of this state and the state employing the officer. (2) The officer is providing, or attempting to provide, law enforcement services pursuant to either of the following: (A) In response to a request for services initiated by a member of the California Highway Patrol. (B) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by a member of the Department of the California Highway Patrol is impractical to obtain under the circumstances. In those situations, the officer shall obtain authorization as soon as practical. (3) The officer is providing, or attempting to provide, law enforcement services for the purpose of assisting a member of the California Highway Patrol to provide emergency service in response to misdemeanor or felony criminal activity, pursuant to the authority of a peace officer as provided in subdivision (a) of Section 830.2, or, in the event of highway-related traffic accidents, emergency incidents or other similar public safety problems, whether or not a member of the California Highway Patrol is present at the scene of the event. Nothing in this section shall be construed to confer upon the officer the authority to enforce traffic or motor vehicle infractions. (4) An agreement pursuant to Section 2403.5 of the Vehicle Code is in effect between the Department of the California Highway Patrol and the agency of the adjoining state employing the officer, the officer acts in accordance with that agreement, and the agreement specifies that the officer and employing agency of the adjoining state shall be subject to the same civil immunities and liabilities as a peace officer and his or her employing agency in this state. (5) The officer receives no separate compensation from this state for providing law enforcement services within this state. (6) The adjoining state employing the officer confers similar rights and authority upon a member of the California Highway Patrol who renders assistance within that state. (b) Whenever, pursuant to Nevada law, a Nevada correctional officer is working or supervising Nevada inmates who are performing conservation-related projects or fire suppression duties within California, the correctional officer may maintain custody of the inmates in California, and retake any inmate who should escape in California, to the same extent as if the correctional officer were a peace officer in this state and the inmate had been committed to his or her custody in proceedings under California law. (c) Notwithstanding any other provision of law, any person who is acting as a peace officer in this state in the manner described in this section shall be deemed to have met the requirements of Section 1031 of the Government Code and the selection and training standards of the Commission on Peace Officer Standards and Training if the officer has completed the basic training required for peace officers in his or her state. (d) In no case shall a peace officer of an adjoining state be authorized to provide services within a California jurisdiction during any period in which the regular law enforcement agency of the jurisdiction is involved in a labor dispute. (Amended by Stats. 1992, Ch. 131, Sec. 1. Effective January 1, 1993.)
  88. 830.4.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Some listed peace officers have statewide authority, but subdivision (c) officers may not carry firearms.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.4. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their duties under the conditions as specified by statute. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) Members of the California National Guard have the powers of peace officers when they are involved in any or all of the following: (1) Called or ordered into active state service by the Governor pursuant to the provisions of Section 143 or 146 of the Military and Veterans Code. (2) Serving within the area wherein military assistance is required. (3) Directly assisting civil authorities in any of the situations specified in Section 143 or 146 of the Military and Veterans Code. The authority of the peace officer under this subdivision extends to the area wherein military assistance is required as to a public offense committed or which there is reasonable cause to believe has been committed within that area. The requirements of Section 1031 of the Government Code are not applicable under those circumstances. (b) Security officers of the Department of Justice when performing assigned duties as security officers. (c) Security officers of the college named in Section 92200 of the Education Code. These officers shall have authority of peace officers only within the City and County of San Francisco. Notwithstanding any other law, the peace officers designated by this subdivision shall not be authorized by this subdivision to carry firearms either on or off duty. Notwithstanding any other law, the act which designated the persons described in this subdivision as peace officers shall serve only to define those persons as peace officers, the extent of their jurisdiction, and the nature and scope of their authority, powers, and duties, and their status shall not change for purposes of retirement, workers’ compensation or similar injury or death benefits, or other employee benefits. (Amended by Stats. 2022, Ch. 478, Sec. 63. (AB 1936) Effective January 1, 2023.)
  89. 830.41.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    The City of Tulelake may make a mutual aid agreement with the City of Malin, but the agreement must be reviewed and approved by the Commissioner of the California Highway Patrol before it takes effect.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.41. Notwithstanding any other provision of law, the City of Tulelake, California, is authorized to enter into a mutual aid agreement with the City of Malin, Oregon, for the purpose of permitting their police departments to provide mutual aid to each other when necessary. Before the effective date of the agreement, the agreement shall be reviewed and approved by the Commissioner of the California Highway Patrol. (Amended by Stats. 2013, Ch. 76, Sec. 149. (AB 383) Effective January 1, 2014.)
  90. 830.5.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section lets specified peace officers carry firearms only under the section’s limits and agency authorization, and it sets training, quarterly qualification, and department policy duties.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.5. The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency: (a) A parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, probation officer, deputy probation officer, or a board coordinating parole agent employed by the Juvenile Parole Board. Except as otherwise provided in this subdivision, the authority of these parole or probation officers shall extend only as follows: (1) To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole, probation, mandatory supervision, or postrelease community supervision. (2) To the escape of any inmate or ward from a state or local institution. (3) To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision. (4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of the officer’s employment. (5) (A) To the rendering of mutual aid to any other law enforcement agency. (B) For the purposes of this subdivision, “parole agent” shall have the same meaning as parole officer of the Department of Corrections and Rehabilitation or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (C) Any parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the director or chairperson. The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall develop a policy for arming peace officers of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who comprise “high-risk transportation details” or “high-risk escape details” no later than June 30, 1995. This policy shall be implemented no later than December 31, 1995. (D) The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall train and arm those peace officers who comprise tactical teams at each facility for use during “high-risk escape details.” (b) A correctional officer employed by the Department of Corrections and Rehabilitation, or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation designated by the secretary or any correctional counselor series employee of the Department of Corrections and Rehabilitation or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals or any employee of the Board of Parole Hearings designated by the secretary or employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, designated by the secretary or any superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, or any transportation officer of a probation department. (c) The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, a correctional officer or correctional counselor employed by the Department of Corrections and Rehabilitation, or an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation designated by the secretary or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals. A parole officer of the Juvenile Parole Board may carry a firearm while not on duty only when so authorized by the chairperson of the board and only under the terms and conditions specified by the chairperson. Nothing in this section shall be interpreted to require licensure pursuant to Section 25400. The director or chairperson may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or the Juvenile Parole Board, to review the director’s or the chairperson’s decision. (d) Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain their eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty. (e) The Department of Corrections and Rehabilitation shall allow reasonable access to its ranges for officers and designees of either department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification requirements shall be the person’s own time during the person’s off-duty hours. (f) The secretary shall promulgate regulations consistent with this section. (g) “High-risk transportation details” and “high-risk escape details” as used in this section shall be determined by the secretary, or the secretary’s designee. The secretary, or the secretary’s designee, shall consider at least the following in determining “high-risk transportation details” and “high-risk escape details”: protection of the public, protection of officers, flight risk, and violence potential of the wards. (h) “Transportation detail” as used in this section shall include transportation of wards outside the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers. (Repealed and added by Stats. 2020, Ch. 337, Sec. 11. (SB 823) Effective September 30, 2020.)
  91. 830.55.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section defines certain correctional officers as peace officers and limits their firearm possession, while requiring training and supervision rules to be met.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.55. (a) (1) As used in this section, a correctional officer is a peace officer, employed by a city, county, or city and county that operates a facility described in Section 2910.5 of this code or Section 1753.3 of the Welfare and Institutions Code or facilities operated by counties pursuant to Section 6241 or 6242 of this code under contract with the Department of Corrections and Rehabilitation or the Division of Juvenile Justice within the department, who has the authority and responsibility for maintaining custody of specified state prison inmates or wards, and who performs tasks related to the operation of a detention facility used for the detention of persons who have violated parole or are awaiting parole back into the community or, upon court order, either for their own safekeeping or for the specific purpose of serving a sentence therein. (2) As used in this section, a correctional officer is also a peace officer, employed by a city, county, or city and county that operates a facility described in Section 4115.55, who has the authority and responsibility for maintaining custody of inmates sentenced to or housed in that facility, and who performs tasks related to the operation of that facility. (b) A correctional officer shall have no right to carry or possess firearms in the performance of his or her prescribed duties, except, under the direction of the superintendent of the facility, while engaged in transporting prisoners, guarding hospitalized prisoners, or suppressing riots, lynchings, escapes, or rescues in or about a detention facility established pursuant to Section 2910.5 or 4115.55 of this code or Section 1753.3 of the Welfare and Institutions Code. (c) Each person described in this section as a correctional officer, within 90 days following the date of the initial assignment to that position, shall satisfactorily complete the training course specified in Section 832. In addition, each person designated as a correctional officer, within one year following the date of the initial assignment as an officer, shall have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as correctional officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a correctional officer only while under the direct supervision of a correctional officer who has completed the training required in this section, and shall not carry or possess firearms in the performance of their prescribed duties. (d) This section shall not be construed to confer any authority upon a correctional officer except while on duty. (e) A correctional officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer, may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant, and may make warrantless arrests pursuant to Section 836.5 only during the duration of his or her job. (Amended by Stats. 2013, Ch. 76, Sec. 150. (AB 383) Effective January 1, 2014.)
  92. 830.6.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section says certain deputized or appointed reserve personnel are peace officers when they meet the stated assignment and qualification conditions, and it limits firearms carrying for some reserve officers to agency authorization and conditions.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.6. (a) (1) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve police officer of a regional park district or of a transit district, a reserve park ranger, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve deputy of the Department of Fish and Game, a reserve special agent of the Department of Justice, a reserve officer of a community service district which is authorized under subdivision (h) of Section 61600 of the Government Code to maintain a police department or other police protection, a reserve officer of a school district police department under Section 35021.5 of the Education Code, a reserve officer of a community college police department under Section 72330, a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, or a reserve housing authority patrol officer employed by a housing authority defined in subdivision (d) of Section 830.31, and is assigned specific police functions by that authority, the person is a peace officer, if the person qualifies as set forth in Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph extends only for the duration of the person’s specific assignment. A reserve park ranger or a transit, harbor, or port district reserve officer may carry firearms only if authorized by, and under those terms and conditions as are specified by, his or her employing agency. (2) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve park ranger, a reserve police officer of a regional park district, transit district, community college district, or school district, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve officer of a community service district that is authorized under subdivision (h) of Section 61600 of the Government Code to maintain a police department or other police protection, or a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, and is so designated by local ordinance or, if the local agency is not authorized to act by ordinance, by resolution, either individually or by class, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by that authority, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph includes the full powers and duties of a peace officer as provided by Section 830.1. A transit, harbor, or port district reserve police officer, or a city or county reserve peace officer who is not provided with the powers and duties authorized by Section 830.1, has the powers and duties authorized in Section 830.33, or in the case of a reserve park ranger, the powers and duties that are authorized in Section 830.31, or in the case of a reserve housing authority patrol officer, the powers and duties that are authorized in subdivision (d) of Section 830.31, and a school district reserve police officer or a community college district reserve police officer has the powers and duties authorized in Section 830.32. (b) Whenever any person designated by a Native American tribe recognized by the United States Secretary of the Interior is deputized or appointed by the county sheriff as a reserve or auxiliary sheriff or a reserve deputy sheriff, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by the county sheriff, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a peace officer pursuant to this subdivision includes the full powers and duties of a peace officer as provided by Section 830.1. (c) Whenever any person is summoned to the aid of any uniformed peace officer, the summoned person is vested with the powers of a peace officer that are expressly delegated to him or her by the summoning officer or that are otherwise reasonably necessary to properly assist the officer. (Amended by Stats. 2007, Ch. 118, Sec. 1. Effective January 1, 2008.)
  93. 830.65.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    The Attorney General may appoint certain city police officers, county deputy sheriffs, or reserve peace officers as emergency appointees for specific marijuana plant eradication, tactical, investigation, or search-and-rescue work.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.65. (a) Any person who is a regularly employed police officer of a city or a regularly employed deputy sheriff of a county, or a reserve peace officer of a city or county and is appointed in the manner described in paragraph (1) or (2) of subdivision (a) of Section 832.6, may be appointed as a Campaign Against Marijuana Planting emergency appointee by the Attorney General pursuant to Section 5 of Chapter 1563 of the Statutes of 1985 to assist with a specific investigation, tactical operation, or search and rescue operation. When so appointed, the person shall be a peace officer of the Department of Justice, provided that the person’s authority shall extend only for the duration of the specific assignment. (b) Notwithstanding any other provision of law, any person who is appointed as a peace officer in the manner described in this section shall be deemed to have met the requirements of Section 1031 of the Government Code and the selection and training standards of the Commission on Peace Officer Standards and Training. (Added by Stats. 1988, Ch. 1482, Sec. 4.)
  94. 830.7.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section lets certain listed employees and officers exercise peace officer arrest powers only while on the job and after required training, subject to specific memoranda of understanding and other conditions.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.7. The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832: (a) Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code. (b) Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies. (c) Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies. (d) Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. (e) Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code. (f) Nonpeace officers regularly employed as county parole officers pursuant to Section 3089. (g) Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, “investigator” means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed “peace officers” for purposes of Sections 241 and 243. (h) Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243. (i) Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An “illegal dumping enforcement officer or code enforcement officer” is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105. (j) Until January 1, 2025, persons who, pursuant to Section 4108 of the Food and Agricultural Code, were appointed as Museum Security Officers and Supervising Museum Security Officers by the Exposition Park General Manager before March 1, 2022, and have not yet completed the regular basic training course prescribed by the Commission on Peace Officer Standards and Training. (Amended by Stats. 2022, Ch. 58, Sec. 4. (AB 200) Effective June 30, 2022.)
  95. 830.75.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Some campus security officers at independent higher-education institutions may be deputized or appointed as reserve deputies/officers if specified requirements are met, and their primary duty is law enforcement on and near campus.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.75. (a) Notwithstanding subdivision (b) of Section 830.7, a person regularly employed as a security officer for an independent institution of higher education recognized under subdivision (b) of Section 66010 of the Education Code may be deputized or appointed by the sheriff or the chief of police of the jurisdiction in which the institution is located as a reserve deputy or officer pursuant to Section 830.6, notwithstanding that he or she is compensated by the institution of higher education or that the assigned specific law enforcement functions and duties may be of a recurring or continuous nature, if both of the following requirements are met: (1) The person meets the requirements specified in paragraph (1) of subdivision (a) of Section 832.6. (2) The institution of higher education and the appropriate local law enforcement agency have entered into a memorandum of understanding. (b) The authority of a person designated as a peace officer pursuant to this section extends to any place in the state and applies only while he or she is engaged in the performance of his or her assigned duties for his or her institution of higher education pursuant to the memorandum entered into pursuant to paragraph (2) of subdivision (a). The primary duty of a person designated as a peace officer pursuant to this section shall be the enforcement of the law upon the campuses of his or her institution of higher education and within one mile of the exterior of those campuses, and in or about other grounds and properties owned, operated, controlled, or administered by that institution of higher education. (c) Vehicles owned by an independent institution of higher education that are specifically designated for use by persons designated as peace officers pursuant to this section shall be deemed authorized emergency vehicles for all purposes of the law within the institution’s jurisdiction. (Added by Stats. 2016, Ch. 356, Sec. 1. (AB 2361) Effective January 1, 2017.)
  96. 830.8.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section limits who counts as a California peace officer, while giving certain federal and tribal officers limited arrest powers under specified conditions.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.8. (a) Federal criminal investigators and law enforcement officers are not California peace officers, but may exercise the powers of arrest of a peace officer in any of the following circumstances: (1) Any circumstances specified in Section 836 of this code or Section 5150 of the Welfare and Institutions Code for violations of state or local laws. (2) When these investigators and law enforcement officers are engaged in the enforcement of federal criminal laws and exercise the arrest powers only incidental to the performance of these duties. (3) When requested by a California law enforcement agency to be involved in a joint task force or criminal investigation. (4) When probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed. In all of these instances, the provisions of Section 847 shall apply. These investigators and law enforcement officers, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfied the training requirements of Section 832, or the equivalent thereof. This subdivision does not apply to federal officers of the Bureau of Land Management or the United States Forest Service. These officers have no authority to enforce California statutes without the written consent of the sheriff or the chief of police in whose jurisdiction they are assigned. (b) Duly authorized federal employees who comply with the training requirements set forth in Section 832 are peace officers when they are engaged in enforcing applicable state or local laws on property owned or possessed by the United States government, or on any street, sidewalk, or property adjacent thereto, and with the written consent of the sheriff or the chief of police, respectively, in whose jurisdiction the property is situated. (c) National park rangers are not California peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the powers of a peace officer specified in Section 5150 of the Welfare and Institutions Code for violations of state or local laws provided these rangers are exercising the arrest powers incidental to the performance of their federal duties or providing or attempting to provide law enforcement services in response to a request initiated by California state park rangers to assist in preserving the peace and protecting state parks and other property for which California state park rangers are responsible. National park rangers, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfactorily completed the training requirements of Section 832.3, or the equivalent thereof. (d) Notwithstanding any other provision of law, during a state of war emergency or a state of emergency, as defined in Section 8558 of the Government Code, federal criminal investigators and law enforcement officers who are assisting California law enforcement officers in carrying out emergency operations are not deemed California peace officers, but may exercise the powers of arrest of a peace officer as specified in Section 836 and the powers of a peace officer specified in Section 5150 of the Welfare and Institutions Code for violations of state or local laws. In these instances, the provisions of Section 847 of this code and of Section 8655 of the Government Code shall apply. (e) (1) Any qualified person who is appointed as a Washoe tribal law enforcement officer is not a California peace officer, but may exercise the powers of a Washoe tribal peace officer when engaged in the enforcement of Washoe tribal criminal laws against any person who is an Indian, as defined in subsection (d) of Section 450b of Title 25 of the United States Code, on Washoe tribal land. The respective prosecuting authorities, in consultation with law enforcement agencies, may agree on who shall have initial responsibility for prosecution of specified infractions. This subdivision is not meant to confer cross-deputized status as California peace officers, nor to confer California peace officer status upon Washoe tribal law enforcement officers when enforcing state or local laws in the State of California. Nothing in this section shall be construed to impose liability upon or to require indemnification by the County of Alpine or the State of California for any act performed by an officer of the Washoe Tribe. Washoe tribal law enforcement officers shall have the right to travel to and from Washoe tribal lands within California in order to carry out tribal duties. (2) Washoe tribal law enforcement officers are exempted from the provisions of subdivision (a) of Section 25400 and subdivision (a) and subdivisions (c) to (h), inclusive, of Section 25850 while performing their official duties on their tribal lands or while proceeding by a direct route to or from the tribal lands. Tribal law enforcement vehicles are deemed to be emergency vehicles within the meaning of Section 30 of the Vehicle Code while performing official police services. (3) As used in this subdivision, the term “Washoe tribal lands” includes the following: (A) All lands located in the County of Alpine within the limits of the reservation created for the Washoe Tribe of Nevada and California, notwithstanding the issuance of any patent and including rights-of-way running through the reservation and all tribal trust lands. (B) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. (4) As used in this subdivision, the term “Washoe tribal law” refers to the laws codified in the Law and Order Code of the Washoe Tribe of Nevada and California, as adopted by the Tribal Council of the Washoe Tribe of Nevada and California. (Amended (as amended by Stats. 2010, Ch. 178, Sec. 67) by Stats. 2011, Ch. 296, Sec. 212. (AB 1023) Effective January 1, 2012.)
  97. 830.83.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section temporarily treats certain tribal-pilot-program law-enforcement personnel as peace officers and gives their authority limited territorial reach.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.83. (a) Commencing on July 1, 2026, until July 1, 2029, a chief of police appointed by a qualified entity enrolled in the pilot program established by Section 11073 and meeting the requirements of a qualified member, or a police officer, public safety officer, or investigator employed in that capacity by a qualified entity enrolled in the pilot program established by Section 11073 and meeting the requirements of a qualified member, is a peace officer. As used in this section, “qualified entity” and “qualified member” have the meanings set forth in Section 11073. (b) The authority of a peace officer designated pursuant to this section extends to any place within the territorial boundaries of the Indian country of the employing tribe, in accordance with and subject to any limitations of Public Law 280 (18 U.S.C. Sec. 1162). The authority of a peace officer designated pursuant to this section may also extend to any place in the state, under any of the following circumstances: (1) At the request of a state or local law enforcement agency. (2) Under exigent circumstances involving an immediate danger to persons or property, or the escape of a perpetrator. (3) For the purpose of making an arrest consistent with Section 836, when a public offense has occurred, or there is probable cause to believe a public offense has occurred, within the Indian country of the tribe that employs the peace officer, and with the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by the sheriff to give consent, if the place is within an unincorporated area of a county. (4) Notwithstanding paragraph (3), when the peace officer is in hot pursuit or close pursuit of an individual that the officer has reasonable suspicion has violated or attempted to violate state law and the violation occurred within the Indian country of the tribe that employs the peace officer. (5) When delivering an apprehended person to the custody of a law enforcement authority or magistrate in the city or county in which the offense occurred. (c) This section shall become operative only upon an appropriation of funds by the Legislature for the purposes of this section. (d) This section shall remain in effect only until July 1, 2032, and as of that date is repealed. (Added by Stats. 2025, Ch. 10, Sec. 2. (AB 134) Effective June 27, 2025. Conditionally operative as prescribed by its own provisions. Repealed as of July 1, 2032, by its own provisions.)
  98. 830.85.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers. (Added by Stats. 2017, Ch. 116, Sec. 2. (AB 1440) Effective January 1, 2018.)
  99. 830.9.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Animal control officers may exercise arrest and warrant-serving powers only if they complete the required course and are acting within the course and scope of employment; the firearms-training part is not required when their employing agency prohibits firearms.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.9. Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. For the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. (Amended by Stats. 1990, Ch. 82, Sec. 13. Effective May 3, 1990.)
  100. 830.95.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    A person commits a misdemeanor if they wear a peace officer’s uniform while picketing or doing related informational activities in a public place about a concerted refusal to work.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 830.95. (a) Any person who wears the uniform of a peace officer while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor, whether or not the person is a peace officer. (b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law. (Added by Stats. 2010, Ch. 711, Sec. 3. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  101. 831.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section defines custodial officers and limits their firearms use, while requiring training and supervision rules for those officers.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence in that facility. (b) A custodial officer shall not carry or possess firearms in the performance of his or her official duties. A custodial officer may use a firearm that is a less lethal weapon, as defined in Section 16780, in the performance of his or her official duties, at the discretion of the employing sheriff or chief of police, as applicable, or his or her designee. A custodial officer who uses a less lethal weapon shall be trained in its use and shall comply with the policy on the use of less lethal weapons as set forth by the sheriff or chief of police. (c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required by this section. (d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers. (e) This section does not confer any authority upon any custodial officer, except while he or she is on duty. (f) A custodial officer may do all of the following: (1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer. (2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant. (3) Release without further criminal process persons arrested for intoxication. (4) Release misdemeanants on citation to appear in lieu of or after booking. (Amended by Stats. 2017, Ch. 73, Sec. 1. (SB 324) Effective January 1, 2018.)
  102. 831.4.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section defines sheriff’s or police security officers, limits their duties, requires training, and restricts arrest powers while allowing certain authorized equipment and citations.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 831.4. (a) (1) A sheriff’s or police security officer is a public officer, employed by the sheriff of a county, a police chief of a city police department, or a police chief of a police division that is within a city department and that operates independently of the city police department commanded by the police chief of a city, whose primary duty is the security of locations or facilities as directed by the sheriff or police chief. The duties of a sheriff’s or police security officer shall be limited to the physical security and protection of properties owned, operated, controlled, or administered by the county or city, or any municipality or special district contracting for police services from the county or city pursuant to Section 54981 of the Government Code, or necessary duties with respect to the patrons, employees, and properties of the employing county, city, or contracting entities. (2) In addition to the duties in paragraph (1), the duties of a security officer employed by the Chief of Police of the City of Sacramento or the Sheriff of the County of Sacramento may also include the physical security and protection of any properties owned, operated, or administered by a public agency, privately owned company, or nonprofit entity contracting for security services from the City or County of Sacramento, whose primary business supports national defense, or whose facility is qualified as a national critical infrastructure under federal law or by a federal agency, or that stores or manufactures material that, if stolen, vandalized, or otherwise compromised, may compromise national security or pose a danger to residents within the County of Sacramento. A contract entered into pursuant to this paragraph shall provide for full reimbursement to the City or County of Sacramento of the actual costs of providing those services, as determined by the county auditor or auditor-controller, or by the city. Before contracting for services pursuant to this paragraph, the Sacramento County Board of Supervisors or the governing board of the City of Sacramento shall discuss the contract and the requirements of this paragraph at a duly noticed public hearing. (b) A sheriff’s or police security officer is neither a peace officer nor a public safety officer as defined in Section 3301 of the Government Code. A sheriff’s or police security officer may carry or possess a firearm, baton, and other safety equipment and weapons authorized by the sheriff or police chief while performing the duties authorized in this section, and under the terms and conditions specified by the sheriff or police chief. These persons may not exercise the powers of arrest of a peace officer, but may issue citations for infractions if authorized by the sheriff or police chief. (c) Each sheriff’s or police security officer shall satisfactorily complete a course of training as specified in Section 832 before being assigned to perform his or her duties. This section does not preclude the sheriff or police chief from requiring additional training requirements. (d) Notwithstanding any other law, this section does not confer any authority upon a sheriff’s or police security officer except while on duty, or confer any additional retirement benefits to persons employed within this classification. (Amended by Stats. 2018, Ch. 92, Sec. 164. (SB 1289) Effective January 1, 2019.)
  103. 831.5.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section defines custodial officers and limits their firearm possession, while setting training, supervision, and county-specific duty rules.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 831.5. (a) As used in this section, a custodial officer is a public officer, not a peace officer, who is employed by a law enforcement agency of San Diego County, Fresno County, Kern County, Stanislaus County, Riverside County, Santa Clara County, Napa County, or a county having a population of 425,000 or less who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence in the local detention facility. Custodial officers of a county shall be employees of, and under the authority of, the sheriff, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the prisoners in it. A custodial officer includes a person designated as a correctional officer, jailer, or other similar title. The duties of a custodial officer may include the serving of warrants, court orders, writs, and subpoenas in the detention facility or under circumstances arising directly out of maintaining custody of prisoners and related tasks. (b) A custodial officer has no right to carry or possess firearms in the performance of the officer’s prescribed duties, except, under the direction of the sheriff or chief of police, while engaged in transporting prisoners; guarding hospitalized prisoners; or suppressing jail riots, lynchings, escapes, or rescues in or about a detention facility falling under the care and custody of the sheriff or chief of police. (c) A person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to that position, satisfactorily complete the training course specified in Section 832. In addition, a person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, shall not carry or possess firearms in the performance of their prescribed duties, but may perform the duties of a custodial officer only while under the direct supervision of a peace officer, as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section. (d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers. (e) This section does not confer any authority upon any custodial officer except while on duty. (f) A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to the custodial officer by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may make warrantless arrests pursuant to Section 836.5 only during the duration of the custodial officer’s job; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking. (g) Custodial officers employed by the Santa Clara County Department of Correction are authorized to perform the following additional duties in the facility: (1) Arrest a person without a warrant whenever the custodial officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor or felony in the presence of the officer that is a violation of a statute or ordinance that the officer has the duty to enforce. (2) Search property, cells, prisoners, or visitors. (3) Conduct strip or body cavity searches of prisoners pursuant to Section 4030. (4) Conduct searches and seizures pursuant to a duly issued warrant. (5) Segregate prisoners. (6) Classify prisoners for the purpose of housing or participation in supervised activities. These duties may be performed at the Santa Clara Valley Medical Center, or at other health care facilities in the County of Santa Clara, as needed and only as they directly relate to guarding in-custody inmates. This subdivision does not authorize the performance of any law enforcement activity involving any person other than the inmate or the inmate’s visitors. (h) (1) Upon resolution by the Napa County Board of Supervisors, custodial officers employed by the Napa County Department of Corrections are authorized to perform all of the following duties in a facility located in that county: (A) Arrest a person without a warrant whenever the custodial officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor or felony in the presence of the officer that is a violation of a statute or ordinance that the officer has the duty to enforce. (B) Search property, cells, prisoners, or visitors. (C) Conduct strip or body cavity searches of prisoners pursuant to Section 4030. (D) Conduct searches and seizures pursuant to a duly issued warrant. (E) Segregate prisoners. (F) Classify prisoners for the purpose of housing or participation in supervised activities. (2) This subdivision does not authorize the performance of any law enforcement activity involving any person other than an inmate or the inmate’s visitors. (i) (1) Upon resolution by the County of Madera Board of Supervisors, custodial officers employed by the Madera County Department of Corrections are authorized to perform all of the following duties in a facility located in that county: (A) Arrest a person without a warrant whenever the custodial officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor or felony in the presence of the officer that is a violation of a statute or ordinance that the officer has the duty to enforce. (B) Search property, cells, prisoners, or visitors. (C) Conduct strip or body cavity searches of prisoners pursuant to Section 4030. (D) Conduct searches and seizures pursuant to a duly issued warrant. (E) Segregate prisoners. (F) Classify prisoners for the purpose of housing or participation in supervised activities. (2) This subdivision does not authorize the performance of any law enforcement activity involving any person other than an inmate or the inmate’s visitors. (j) This section does not authorize a custodial officer to carry or possess a firearm when the officer is not on duty. (k) It is the intent of the Legislature that this section, as it relates to Santa Clara, Madera, and Napa Counties, enumerate specific duties of custodial officers known as “correctional officers” in Santa Clara, Madera, and Napa Counties and to clarify the relationships of the correctional officers and deputy sheriffs in those counties. These duties are the same duties of the custodial officers prior to the date of enactment of Chapter 635 of the Statutes of 1999 pursuant to local rules and judicial decisions. It is further the intent of the Legislature that all issues regarding compensation for custodial officers remain subject to the collective bargaining process between the counties and the authorized bargaining representative for the custodial officers. However, this section does not assert that the duties of custodial officers are equivalent to the duties of deputy sheriffs and does not affect the ability of the county to negotiate pay that reflects the different duties of custodial officers and deputy sheriffs. (Amended by Stats. 2019, Ch. 497, Sec. 197. (AB 991) Effective January 1, 2020.)
  104. 831.6.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Transportation officers have limited authority to transport prisoners, may carry or possess firearms only during that work, must complete the specified training before transporting any prisoner, and may use reasonable force to maintain custody.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 831.6. (a) A transportation officer is a public officer, not a peace officer, appointed on a contract basis by a peace officer to transport a prisoner or prisoners. (b) A transportation officer shall have the authority of a public officer, and shall have the right to carry or possess firearms, only while engaged in the transportation of a prisoner or prisoners for the duration of the contract. (c) Each person described in this section as a transportation officer shall, prior to the transportation of any prisoner, have satisfactorily completed the training course specified in Section 832. (d) A transportation officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a peace officer. (Added by Stats. 1982, Ch. 416, Sec. 1. Effective July 8, 1982.)
  105. 831.7.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section defines custody assistants and sets limits and duties for them, including training, firearms restrictions, and allowed facility-related tasks.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 831.7. (a) As used in this section, a custody assistant is a person who is a full-time employee, not a peace officer, employed by the county sheriff’s department who assists peace officer personnel in maintaining order and security in a custody detention, court detention, or station jail facility of the sheriff’s department. A custody assistant is responsible for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. Custody assistants of the sheriff’s department shall be employees of, and under the authority of, the sheriff. (b) A custody assistant has no right to carry or possess firearms in the performance of his or her prescribed duties. (c) Each person described in this section as a custody assistant shall satisfactorily complete a training course specified by the sheriff’s department. In addition, each person designated as a custody assistant shall satisfactorily meet the minimum selection and training standards prescribed by the Department of Corrections and Rehabilitation pursuant to Section 6035. (d) A custody assistant may use reasonable force in establishing and maintaining custody of persons housed at a local detention facility, court detention facility, or station jail facility. (e) Custody assistants employed by the county sheriff’s department are authorized to perform the following additional duties in a custody facility, court detention facility, or station jail facility: (1) Assist in supervising the conduct of inmates in sleeping quarters, during meals and bathing, at recreation, and on work assignments. (2) Assist in overseeing the work of, and instructing, a group of inmates assigned to various operational, maintenance, or other rehabilitative activities. (3) Assist in the operation of main or dormitory control booths. (4) Assist in processing inmates for court appearances. (5) Control, or assist in the monitoring and control of, access to attorney rooms and visiting areas. (6) Fingerprint, photograph, or operate livescan machines with respect to inmates, or assist in the fingerprinting or photographing of inmates. (7) Obtain criminal history information relating to an inmate including any warrant or other hold, and update classification or housing information relating to an inmate, as necessary. (8) Interview inmates and review records related to the classification process to determine the appropriate security level for an inmate or the eligibility of an inmate for transfer to another facility. (9) Ensure compliance of a custody facility, court detention facility, or station jail facility with the provisions of Title 15 of the California Code of Regulations, or with any other applicable legislative or judicial mandate. (10) Assist in receiving and processing inmates in a sheriff’s station, court detention area, or type I jail facility. (11) Secure inmates and their personal property and moneys as necessary in compliance with the rules and regulations of the sheriff’s department. (12) Order, inspect, or serve meals to inmates. (13) Maintain sanitary conditions within a custody facility, court detention facility, or station jail facility. (14) Respond to public inquiries regarding any inmate. (f) Notwithstanding any other law, nothing in this section shall be construed to confer any authority upon a custody assistant except while on duty, or to grant any additional retirement benefits to persons employed within this classification. (g) This section shall apply only in a county of the first class, as established by Sections 28020 and 28022 of the Government Code, but shall not be operative in a county until adopted by resolution of the board of supervisors. (Added by Stats. 2006, Ch. 468, Sec. 2. Effective January 1, 2007. Applicable as provided in subd. (g).)
  106. 832.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Peace officers in this chapter must complete the prescribed introductory training, and may not exercise peace-officer powers until they do. The commission also controls the examination and may charge certain exam fees, subject to an actual-cost limit.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832. (a) Every person described in this chapter as a peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training. On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of a peace officer whose employing agency prohibits the use of firearms. (b) (1) Every peace officer described in this chapter, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the training course described in subdivision (a). (2) Every peace officer described in Section 13510 or in subdivision (a) of Section 830.2 may satisfactorily complete the training required by this section as part of the training prescribed pursuant to Section 13510. (c) Persons described in this chapter as peace officers who have not satisfactorily completed the course described in subdivision (a), as specified in subdivision (b), shall not have the powers of a peace officer until they satisfactorily complete the course. (d) A peace officer who, on March 4, 1972, possesses or is qualified to possess the basic certificate as awarded by the Commission on Peace Officer Standards and Training is exempted from this section. (e) (1) A person completing the training described in subdivision (a) who does not become employed as a peace officer within three years from the date of passing the examination described in subdivision (a), or who has a three-year or longer break in service as a peace officer, shall pass the examination described in subdivision (a) prior to the exercise of the powers of a peace officer, except for a person described in paragraph (2). (2) The requirement in paragraph (1) does not apply to a person who meets any of the following requirements: (A) Is returning to a management position that is at the second level of supervision or higher. (B) Has successfully requalified for a basic course through the Commission on Peace Officer Standards and Training. (C) Has maintained proficiency through teaching the course described in subdivision (a). (D) During the break in California service, was continuously employed as a peace officer in another state or at the federal level. (E) Has previously met the requirements of subdivision (a), has been appointed as a peace officer under subdivision (c) of Section 830.1, and has been continuously employed as a custodial officer as defined in Section 831 or 831.5 by the agency making the peace officer appointment since completing the training prescribed in subdivision (a). (f) The commission may charge appropriate fees for the examination required by subdivision (e), not to exceed actual costs. (g) Notwithstanding any other law, the commission may charge appropriate fees for the examination required by subdivision (a) to each applicant who is not sponsored by a local or other law enforcement agency, or is not a peace officer employed by, or under consideration for employment by, a state or local agency, department, or district, or is not a custodial officer as defined in Sections 831 and 831.5. The fees shall not exceed actual costs. (h) (1) When evaluating a certification request from a probation department for a training course described in this section, the commission shall deem there to be an identifiable and unmet need for the training course. (2) A probation department that is a certified provider of the training course described in this section shall not be required to offer the course to the general public. (Amended by Stats. 2015, Ch. 200, Sec. 1. (AB 546) Effective January 1, 2016.)
  107. 832.05.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Departments or agencies that employ peace officers must use a qualified person for emotional and mental evaluations of recruits and officers’ fitness for duty.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.05. (a) Each state or local department or agency that employs peace officers shall utilize a person meeting the requirements set forth in subdivision (f) of Section 1031 of the Government Code, applicable to emotional and mental examinations, for any emotional and mental evaluation done in the course of the department or agency’s screening of peace officer recruits or the evaluation of peace officers to determine their fitness for duty. (b) This section shall become operative on January 1, 2005. (Added by Stats. 2003, Ch. 777, Sec. 5. Effective January 1, 2004. Section operative January 1, 2005, by its own provisions.)
  108. 832.1.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain airport peace officers must complete an airport security training course approved by the Commission on Peace Officers Standards and Training.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.1. Any airport security officer, airport policeman, or airport special officer, regularly employed and paid by a city, county, city and county, or district who is a peace officer shall have completed a course of training relative to airport security approved by the Commission on Peace Officers Standards and Training. Any such airport officer so employed on the effective date of this section shall have completed the course of instruction required by this section by September 1, 1973. Any airport officer so employed after such effective date shall have completed the course of instruction within 90 days after such employment. Any officer who has not satisfactorily completed such course within such prescribed time shall not continue to have the powers of a peace officer until they have satisfactorily completed such course. (Amended by Stats. 1975, Ch. 168.)
  109. 832.10.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Records about death-incident investigations at a local detention facility must be made public, subject to listed redactions and temporary withholding rules.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.10. (a) For purposes of this section, the following definitions shall apply: (1) “Death incident” means an event where a person has died in the custody or supervision of the local detention facility. (2) “Local detention facility” means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated. (3) “Private detention facility” has the same meaning as in Section 7320 of the Government Code. (4) “Person” includes, but is not limited to, a custodial officer or health care staff. (5) “Custodial officer” means those officers with the rank of deputy, correctional officer, patrol person, or another equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility. (6) “Health care staff” means the health authority, individual, or agency that is designated with responsibility for providing health care in the local detention facility. (b) Notwithstanding subdivision (a) of Section 832.7, or any other law, any record relating to an investigation conducted by the local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) Records disclosed under subdivision (b) shall be subject to all of the following: (1) The record shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the person’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. (2) An agency shall redact a record disclosed pursuant to this section only for any of the following purposes: (A) To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the people’s names and work-related information. (B) To preserve the anonymity of whistleblowers, complainants, victims, and witnesses. (C) To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct. (D) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person. (3) Notwithstanding paragraph (2), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information. (4) A local detention facility may withhold a record of a death incident described in subdivision (b) that is the subject of an active criminal or administrative investigation, in accordance with any of the following: (A) (i) During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the death incident occurred or until the district attorney determines whether to file criminal charges related to the death incident, whichever occurs sooner. If a local detention facility delays disclosure pursuant to this clause, the local detention facility shall provide, in writing, the specific basis for the facility’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information. (ii) After 60 days from the death incident, the local detention facility may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against any person. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agency’s determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the death incident, whichever occurs sooner. (iii) In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, a local detention facility may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists. (B) If criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018. (C) During an administrative investigation into an incident described in subdivision (b), the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy. (5) The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records. (6) Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (4), records subject to disclosure under this section shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure. (7) (A) For purposes of releasing records pursuant to this subdivision, the attorney-client privilege does not prohibit the disclosure of either of the following: (i) Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facility’s attorney. (ii) Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney. (B) This paragraph does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law. (d) This section does not affect the discovery or disclosure of information contained in a subject officer’s personnel file pursuant to Section 1043 of the Evidence Code. (e) This section does not affect the disclosure of other records provided under this chapter or any other law. (f) This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to Section 832.7, which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531. (g) Nothing in this chapter is intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59. (h) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 306, Sec. 1. (SB 519) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  110. 832.12.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Police-employing departments and agencies must record misconduct investigations, and a peace officer applicant must give written permission for review of personnel files.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in the officer’s general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view the officer’s general personnel file and any separate file designated by a department or agency. (b) Prior to employing any peace officer, each department or agency in this state that employs peace officers shall request, and the hiring department or agency shall review, any records made available pursuant to subdivision (a). (Amended by Stats. 2021, Ch. 402, Sec. 4. (SB 16) Effective January 1, 2022.)
  111. 832.13.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Peace officers must immediately report all uses of force to their department or agency.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.13. Every person employed as a peace officer shall immediately report all uses of force by the officer to the officer’s department or agency. (Added by Stats. 2021, Ch. 402, Sec. 5. (SB 16) Effective January 1, 2022.)
  112. 832.15.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    The Department of Justice must notify a state or local agency whether certain peace officer applicants are barred from possessing firearms, and the applicant must provide fingerprints and identifying information first.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.15. (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency as to whether an individual applying for a position as a peace officer, as defined by this chapter, a custodial officer authorized by the employing agency to carry a firearm pursuant to Section 831.5, or a transportation officer pursuant to Section 831.6 authorized by the employing agency to carry a firearm, is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date that the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition. (b) Before providing the information specified in subdivision (a), the applicant shall provide the Department of Justice with fingerprints and other identifying information deemed necessary by the department. (c) The Department of Justice may charge the applicant a fee sufficient to reimburse its costs for furnishing the information specified in subdivision (a). (d) The notice required by this section shall not apply to persons receiving treatment under subdivision (a) of Section 8100 of the Welfare and Institutions Code. (Amended by Stats. 2008, Ch. 698, Sec. 9. Effective January 1, 2009.)
  113. 832.16.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    The Department of Justice must notify certain agencies whether a peace officer is barred from having a firearm, and the employing agency must first give DOJ fingerprints and other needed identifying information.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.16. (a) On and after October 1, 1993, the Department of Justice shall notify a state or local agency employing a peace officer, as defined by this chapter, who is authorized by the employing agency to carry a firearm, as to whether a peace officer is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date that the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition. (b) Before providing the information specified in subdivision (a), the agency employing the peace officer shall provide the Department of Justice with the officer’s fingerprints and other identifying information deemed necessary by the department. (c) The information specified in this section shall only be provided by the Department of Justice subject to the availability of funding. (d) The notice required by this section shall not apply to persons receiving treatment under subdivision (a) of Section 8100 of the Welfare and Institutions Code. (Amended by Stats. 2008, Ch. 698, Sec. 10. Effective January 1, 2009.)
  114. 832.17.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    The Department of Justice must tell a requesting state or local agency whether certain custodial or transportation officers are barred from firearm possession, and the officer must first provide fingerprints and identifying information.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.17. (a) Upon request by a state or local agency, the Department of Justice shall notify the state or local agency as to whether an individual employed as a custodial or transportation officer and authorized by the employing agency to carry a firearm, is prohibited or subsequently becomes prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law. If the prohibition is temporary, the notice shall indicate the date on which the prohibition expires. However, the notice shall not provide any other information with respect to the basis for the prohibition. (b) Before the department provides the information specified in subdivision (a), the officer shall provide the department with his or her fingerprints and other identifying information deemed necessary by the department. (c) The department may charge the officer a fee sufficient to reimburse its costs for furnishing the information specified in subdivision (a). A local law enforcement agency may pay this fee for the officer. (d) The notice required by this section shall not apply to persons receiving treatment under subdivision (a) of Section 8100 of the Welfare and Institutions Code. (Amended by Stats. 2008, Ch. 698, Sec. 11. Effective January 1, 2009.)
  115. 832.18.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Law enforcement agencies must set body-worn camera policies and procedures based on best practices for downloading, storage, retention, and access control.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.18. (a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices. (b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data: (1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident. (2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data. (3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data. (4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data. (5) Specifically state the length of time that recorded data is to be stored. (A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a civilian complaint and to preserve transparency. (B) Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances: (i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting. (ii) The recording is of an incident that leads to the detention or arrest of an individual. (iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency. (C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in subparagraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution. (D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody. (E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently. (6) State where the body-worn camera data will be stored, including, for example, an in-house server that is managed internally, or an online cloud database that is managed by a third-party vendor. (7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data: (A) Using an experienced and reputable third-party vendor. (B) Entering into contracts that govern the vendor relationship and protect the agency’s data. (C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access. (D) Using a system that has a reliable method for automatically backing up data for storage. (E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns. (F) Using a system that includes technical assistance capabilities. (8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media internet websites, and include sanctions for violations of this prohibition. (c) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws. (2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty. (d) This section shall not be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 340. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  116. 832.2.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    School police reserve officers must complete a Commission-approved training course related to their role.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.2. Every school police reserve officer, as described in Section 38000 of the Education Code, shall complete a course of training approved by the Commission on Peace Officer Standards and Training relating directly to the role of school police reserve officers. The school police reserve officer training course shall address guidelines and procedures for reporting offenses to other law enforcement agencies that deal with violence on campus and other school related matters, as determined by the Commission on Peace Officer Standards and Training. (Amended by Stats. 1998, Ch. 745, Sec. 5. Effective January 1, 1999.)
  117. 832.25.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Some welfare fraud investigators and inspectors must complete an approved specialized basic course within one year of hire, unless an exemption applies.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.25. (a) Notwithstanding any other provision of law, all welfare fraud investigators or inspectors who are appointed as peace officers pursuant to subdivision (a) of Section 830.35 on or after January 1, 2001, shall attend and complete a specialized investigators basic course approved by the Commission on Peace Officer Standards and Training within one year of being hired as a welfare investigator or inspector. Any welfare fraud investigator or inspector appointed prior to January 1, 2001, shall not be required to attend and complete the training required by this section, provided that he or she has been continuously employed in that capacity prior to January 1, 2001, by the county that made the appointment. (b) Any investigator or inspector who possesses a valid basic peace officer certificate as awarded by the Commission on Peace Officer Standards and Training or who has successfully completed the regular basic course certified by the Commission on Peace Officer Standards and Training basic course within three years prior to appointment shall be exempt from the training requirements of subdivision (a). (Added by Stats. 2000, Ch. 633, Sec. 1. Effective January 1, 2001.)
  118. 832.3.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section requires certain peace officers and school police officers to complete prescribed training before exercising peace officer powers, with some deadline-based exceptions and an exemption for certain custodial deputy sheriffs.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.3. (a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. (b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. (c) Community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of non-law-enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. (d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. (e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. (2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations. (3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied: (A) The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (B) The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. (g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. (h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. (Amended (as amended by Stats. 2016, Ch. 86, Sec. 228) by Stats. 2018, Ch. 17, Sec. 1. (AB 1888) Effective January 1, 2019.)
  119. 832.4.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain peace officers and local law enforcement leaders must obtain the basic POST certificate within specified time limits.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.4. (a) Any undersheriff or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1974, and is responsible for the prevention and detection of crime and the general enforcement of the criminal laws of this state, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within 18 months of his or her employment in order to continue to exercise the powers of a peace officer after the expiration of the 18-month period. (b) Every peace officer listed in subdivision (a) of Section 830.1, except a sheriff, or elected marshal, or a deputy sheriff described in subdivision (c) of Section 830.1, who is employed after January 1, 1988, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training upon completion of probation, but in no case later than 24 months after his or her employment, in order to continue to exercise the powers of a peace officer after the expiration of the 24-month period. Deputy sheriffs described in subdivision (c) of Section 830.1 shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within 24 months after being reassigned from custodial duties to general law enforcement duties. In those cases where the probationary period established by the employing agency is 24 months, the peace officers described in this subdivision may continue to exercise the powers of a peace officer for an additional three-month period to allow for the processing of the certification application. (c) Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within two years of appointment. (Amended by Stats. 1998, Ch. 931, Sec. 366.5. Effective September 28, 1998. Operative January 1, 1999, by Sec. 496 of Ch. 931.)
  120. 832.5.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Peace-officer employers must run a public complaint-investigation procedure, keep certain complaint records, and limit how some complaint files are used.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.5. (a) (1) Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public. (2) Each department or agency that employs custodial officers, as defined in Section 831.5, may establish a procedure to investigate complaints by members of the public against those custodial officers employed by these departments or agencies, provided, however, that any procedure so established shall comply with the provisions of this section and with the provisions of Section 832.7. (b) Complaints and any reports or findings relating to these complaints, including all complaints and any reports currently in the possession of the department or agency, shall be retained for a period of no less than 5 years for records where there was not a sustained finding of misconduct and for not less than 15 years where there was a sustained finding of misconduct. A record shall not be destroyed while a request related to that record is being processed or any process or litigation to determine whether the record is subject to release is ongoing. All complaints retained pursuant to this subdivision may be maintained either in the peace or custodial officer’s general personnel file or in a separate file designated by the department or agency as provided by department or agency policy, in accordance with all applicable requirements of law. However, prior to any official determination regarding promotion, transfer, or disciplinary action by an officer’s employing department or agency, the complaints described by subdivision (c) shall be removed from the officer’s general personnel file and placed in a separate file designated by the department or agency, in accordance with all applicable requirements of law. (c) Complaints by members of the public that are determined by the peace or custodial officer’s employing agency to be frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, shall not be maintained in that officer’s general personnel file. However, these complaints shall be retained in other, separate files that shall be deemed personnel records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and Section 1043 of the Evidence Code. (1) Management of the peace or custodial officer’s employing agency shall have access to the files described in this subdivision. (2) Management of the peace or custodial officer’s employing agency shall not use the complaints contained in these separate files for punitive or promotional purposes except as permitted by subdivision (f) of Section 3304 of the Government Code. (3) Management of the peace or custodial officer’s employing agency may identify any officer who is subject to the complaints maintained in these files which require counseling or additional training. However, if a complaint is removed from the officer’s personnel file, any reference in the personnel file to the complaint or to a separate file shall be deleted. (d) As used in this section, the following definitions apply: (1) “General personnel file” means the file maintained by the agency containing the primary records specific to each peace or custodial officer’s employment, including evaluations, assignments, status changes, and imposed discipline. (2) “Unfounded” means that the investigation clearly established that the allegation is not true. (3) “Exonerated” means that the investigation clearly established that the actions of the peace or custodial officer that formed the basis for the complaint are not violations of law or department policy. (Amended by Stats. 2022, Ch. 28, Sec. 125. (SB 1380) Effective January 1, 2023.)
  121. 832.55.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Certain peace officers and police chiefs must obtain the basic certificate from the Commission on Peace Officer Standards and Training within stated deadlines.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.55. (a) Notwithstanding subdivision (a) of Section 13510.1, peace officers described in Section 830.83 shall be subject to the applicable requirements of, the certification program for peace officers described in Section 13510.1. (b) (1) Every peace officer described in Section 830.83 shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training upon completion of a 12-month probationary period, but in no case later than 24 months after their employment, in order to continue to exercise the powers of a peace officer after the expiration of the 24-month period. (2) If the probationary period established by the employing agency is 24 months, a peace officer described in this subdivision may continue to exercise the powers of a peace officer for an additional 3-month period to allow for the processing of the certification application. (c) Each police chief, or any other person in charge of a qualified entity, as defined in Section 11073, as a condition of continued authority as a peace officer, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within two years of appointment. (d) Subdivisions (b) and (c) shall not apply to a police officer, public safety officer, or investigator described in Section 830.83 who currently possesses a valid and active basic certificate. (e) This section shall become operative only upon an appropriation of funds by the Legislature for the purposes of this section. (f) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2025, Ch. 10, Sec. 3. (AB 134) Effective June 27, 2025. Conditionally operative as prescribed by its own provisions. Repealed as of January 1, 2032, by its own provisions.)
  122. 832.6.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section limits when deputized or appointed reserve personnel have peace officer powers, sets training and supervision rules for different reserve levels, and gives the commission authority to set training and related administrative requirements.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.6. (a) Every person deputized or appointed, as described in subdivision (a) of Section 830.6, shall have the powers of a peace officer only when the person is any of the following: (1) A level I reserve officer deputized or appointed pursuant to paragraph (1) or (2) of subdivision (a) or subdivision (b) of Section 830.6 and assigned to the prevention and detection of crime and the general enforcement of the laws of this state, whether or not working alone, and the person has completed the basic training course for deputy sheriffs and police officers prescribed by the Commission on Peace Officer Standards and Training. For level I reserve officers appointed prior to January 1, 1997, the basic training requirement shall be the course that was prescribed at the time of their appointment. Reserve officers appointed pursuant to this paragraph shall satisfy the continuing professional training requirement prescribed by the commission. (2) (A) A level II reserve officer assigned to the prevention and detection of crime and the general enforcement of the laws of this state while under the immediate supervision of a peace officer who has completed the basic training course for deputy sheriffs and police officers prescribed by the Commission on Peace Officer Standards and Training, and the level II reserve officer has completed the course required by Section 832 and any other training prescribed by the commission. (B) Level II reserve officers appointed pursuant to this paragraph may be assigned, without immediate supervision, to those limited duties that are authorized for level III reserve officers pursuant to paragraph (3). Reserve officers appointed pursuant to this paragraph shall satisfy the continuing professional training requirement prescribed by the commission. (3) Level III reserve officers may be deployed and are authorized only to carry out limited support duties not requiring general law enforcement powers in their routine performance. Those limited duties shall include traffic control, security at parades and sporting events, report taking, evidence transportation, parking enforcement, and other duties that are not likely to result in physical arrests. Level III reserve officers, while assigned these duties, shall be supervised in the accessible vicinity by a level I reserve officer or a full-time, regular peace officer employed by a law enforcement agency authorized to have reserve officers. Level III reserve officers may transport prisoners without immediate supervision. Those persons shall have completed the training required under Section 832 and any other training prescribed by the commission for those persons. (4) A person assigned to the prevention and detection of a particular crime or crimes or to the detection or apprehension of a particular individual or individuals while working under the supervision of a California peace officer in a county adjacent to the state border who possesses a basic certificate issued by the Commission on Peace Officer Standards and Training, and the person is a law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and has completed the basic training required for peace officers in his or her state. (5) (A) For purposes of this section, a reserve officer who has previously satisfied the training requirements pursuant to this section and has served as a level I or II reserve officer within the three-year period prior to the date of a new appointment shall be deemed to remain qualified as to the Commission on Peace Officer Standards and Training requirements if that reserve officer accepts a new appointment at the same or lower level with another law enforcement agency. If the reserve officer has more than a three-year break in service, he or she shall satisfy current training requirements. (B) This training shall fully satisfy any other training requirements required by law, including those specified in Section 832. (C) In no case shall a peace officer of an adjoining state provide services within a California jurisdiction during any period in which the regular law enforcement agency of the jurisdiction is involved in a labor dispute. (b) Notwithstanding subdivision (a), a person who is issued a level I reserve officer certificate before January 1, 1981, shall have the full powers and duties of a peace officer, as provided by Section 830.1, if so designated by local ordinance or, if the local agency is not authorized to act by ordinance, by resolution, either individually or by class, if the appointing authority determines the person is qualified to perform general law enforcement duties by reason of the person’s training and experience. Persons who were qualified to be issued the level I reserve officer certificate before January 1, 1981, and who state in writing under penalty of perjury that they applied for, but were not issued, the certificate before January 1, 1981, may be issued the certificate before July 1, 1984. For purposes of this section, certificates that are issued shall be deemed to have the full force and effect of any level I reserve officer certificate issued prior to January 1, 1981. (c) In carrying out this section, the commission: (1) May use proficiency testing to satisfy reserve training standards. (2) Shall provide for convenient training to remote areas in the state. (3) Shall establish a professional certificate for reserve officers, as defined in paragraph (1) of subdivision (a), and may establish a professional certificate for reserve officers, as defined in paragraphs (2) and (3) of subdivision (a). (4) Shall facilitate the voluntary transition of reserve officers to regular officers with no unnecessary redundancy between the training required for level I and level II reserve officers. (d) In carrying out paragraphs (1) and (3) of subdivision (c), the commission may establish and levy appropriate fees, provided the fees do not exceed the cost for administering the respective services. These fees shall be deposited in the State Penalty Fund established by Section 1464. (e) The commission shall include an amount in its annual budget request to carry out this section. (Amended by Stats. 2018, Ch. 36, Sec. 16. (AB 1812) Effective June 27, 2018.)
  123. 832.7.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Peace officer and custodial officer personnel records are generally confidential, but the section requires disclosure of specified records and sets limits on withholding, redaction, and notice.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.7. (a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by a state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, the Attorney General’s office, or the Commission on Peace Officer Standards and Training, or a civilian oversight board or commission for a law enforcement agency established pursuant to subdivision (a) of Section 25303.7 of the Government Code or other duly enacted municipal or county ordinance. (b) (1) Notwithstanding subdivision (a), Section 7923.600 of the Government Code, or any other law, the following peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code): (A) A record relating to the report, investigation, or findings of any of the following: (i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer. (ii) An incident involving the use of force against a person by a peace officer or custodial officer that resulted in death or in great bodily injury. (iii) A sustained finding involving a complaint that alleges unreasonable or excessive force. (iv) A sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive. (B) (i) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. (ii) As used in this subparagraph, “sexual assault” means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault. (iii) As used in this subparagraph, “member of the public” means any person not employed by the officer’s employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency. (C) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency involving dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury. (D) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. (E) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that the peace officer made an unlawful arrest or conducted an unlawful search. (F) An agreement prohibited by subdivision (e) of Section 13510.9. (2) Records that are subject to disclosure under clause (iii) or (iv) of subparagraph (A) of paragraph (1), or under subparagraph (D) or (E) of paragraph (1), relating to an incident that occurs before January 1, 2022, shall not be subject to the time limitations in paragraph (11) until January 1, 2023. (3) Records that shall be released pursuant to this subdivision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. Records that shall be released pursuant to this subdivision also include records relating to an incident specified in paragraph (1) in which the peace officer or custodial officer resigned before the law enforcement agency or oversight agency concluded its investigation into the alleged incident. (4) A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision. (5) If an investigation or incident involves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer shall not be released pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1), unless it relates to a sustained finding regarding that officer that is itself subject to disclosure pursuant to this section. However, factual information about that action of an officer during an incident, or the statements of an officer about an incident, shall be released if they are relevant to a finding against another officer that is subject to release pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1). (6) An agency shall redact a record disclosed pursuant to this section only for any of the following purposes: (A) To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial officers. (B) To preserve the anonymity of whistleblowers, complainants, victims, and witnesses. (C) To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force by peace officers and custodial officers. (D) (i) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person. (ii) In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, in determining whether a redaction made pursuant to clause (i) is appropriate, a court shall consider whether a particular peace officer is currently operating undercover and their duties demand anonymity. (7) Notwithstanding paragraph (6), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information. (8) An agency may withhold a record of an incident described in paragraph (1) that is the subject of an active criminal or administrative investigation, in accordance with any of the following: (A) (i) During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the misconduct or use of force occurred or until the district attorney determines whether to file criminal charges related to the misconduct or use of force, whichever occurs sooner. If an agency delays disclosure pursuant to this clause, the agency shall provide, in writing, the specific basis for the agency’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information. (ii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer who engaged in misconduct or use of force. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agency’s determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner. (iii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the officer who engaged in the misconduct or use of force. If an agency delays disclosure under this clause, the agency shall, at 180-day intervals, provide, in writing, the specific basis why disclosure could reasonably be expected to interfere with a criminal enforcement proceeding, and shall provide an estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner, unless extraordinary circumstances warrant continued delay due to the ongoing criminal investigation or proceeding. In that case, the agency must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest in prompt disclosure of records about misconduct or use of force by peace officers and custodial officers. The agency shall release all information subject to disclosure that does not cause substantial prejudice, including any documents that have otherwise become available. (iv) In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, an agency may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. (B) If criminal charges are filed related to the incident in which misconduct occurred or force was used, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018. (C) During an administrative investigation into an incident described in paragraph (1), the agency may delay the disclosure of records or information until the investigating agency determines whether the misconduct or use of force violated a law or agency policy, but no longer than 180 days after the date of the employing agency’s discovery of the misconduct or use of force, or allegation of misconduct or use of force, by a person authorized to initiate an investigation. (9) A record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded. (10) The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records. (11) Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (8), records subject to disclosure under this subdivision shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure. (12) (A) For purposes of releasing records pursuant to this subdivision, the lawyer-client privilege does not prohibit the disclosure of either of the following: (i) Factual information provided by the public entity to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the public entity’s attorney. (ii) Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the public entity and its attorney. (B) This paragraph does not prohibit the public entity from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. (13) Notwithstanding subdivision (a) or any other law, an agency that formerly employed a peace officer or custodial officer may, without receiving a request for disclosure, disclose to the public the termination for cause of that officer by that agency for any disclosable incident, including those described in subparagraphs (A) to (E), inclusive, of paragraph (1). Any such disclosure shall be at the discretion of the agency and shall not include any information otherwise prohibited from disclosure. This paragraph is declaratory of existing law. (c) Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed. (d) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved. (e) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or their agent or representative. (f) (1) The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. (2) The notification described in this subdivision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States. (g) This section does not affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code. (h) This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to subdivision (a), which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531. (i) Nothing in this chapter is intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59. (Amended by Stats. 2025, Ch. 729, Sec. 2.3. (AB 1388) Effective January 1, 2026.)
  124. 832.8.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    This section defines several terms used in Section 832.7, including “personnel records,” “sustained,” and “unfounded.”

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.8. As used in Section 832.7, the following words or phrases have the following meanings: (a) “Personnel records” means any file maintained under that individual’s name by his or her employing agency and containing records relating to any of the following: (1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information. (2) Medical history. (3) Election of employee benefits. (4) Employee advancement, appraisal, or discipline. (5) Complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties. (6) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy. (b) “Sustained” means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial officer were found to violate law or department policy. (c) “Unfounded” means that an investigation clearly establishes that the allegation is not true. (Amended by Stats. 2018, Ch. 988, Sec. 3. (SB 1421) Effective January 1, 2019.)
  125. 832.9.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. )

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    Public employers must reimburse certain relocation costs when covered employees move because of a credible threat.

    ## 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 4.5. Peace Officers [830 - 832.18] ( Chapter 4.5 added by Stats. 1968, Ch. 1222. ) ## 832.9. (a) A governmental entity employing a peace officer, as defined in Section 830, judge, court commissioner, or an attorney employed by the Department of Justice, the State Public Defender, or a county office of a district attorney or public defender shall reimburse the moving and relocation expenses of those employees, or any member of his or her immediate family residing with the officer in the same household or on the same property when it is necessary to move because the officer has received a credible threat that a life threatening action may be taken against the officer, judge, court commissioner, or an attorney employed by the Department of Justice, the State Public Defender, or a county office of the district attorney or public defender or his or her immediate family as a result of his or her employment. (b) The person relocated shall receive actual and necessary moving and relocation expenses incurred both before and after the change of residence, including reimbursement for the costs of moving household effects either by a commercial household goods carrier or by the employee. (1) Actual and necessary moving costs shall be those costs that are set forth in the Department of Human Resources rules governing promotional relocations while in the state service. The department shall not be required to administer this section. (2) The public entity shall not be liable for any loss in value to a residence or for the decrease in value due to a forced sale. (3) Except as provided in subdivision (c), peace officers, judges, court commissioners, and attorneys employed by the Department of Justice, the State Public Defender, or a county office of a district attorney or public defender shall receive approval of the appointing authority prior to incurring any cost covered by this section. (4) Peace officers, judges, court commissioners, and attorneys employed by the Department of Justice, the State Public Defender, or a county office of a district attorney or public defender shall not be considered to be on duty while moving unless approved by the appointing authority. (5) For a relocation to be covered by this section, the appointing authority shall be notified as soon as a credible threat has been received. (6) Temporary relocation housing shall not exceed 60 days. (7) The public entity ceases to be liable for relocation costs after 120 days of the original notification of a viable threat if the peace officer, judge, court commissioner, or attorney employed by the Department of Justice, the State Public Defender, or a county office of a district attorney or public defender has failed to relocate. (c) (1) For purposes of the right to reimbursement of moving and relocation expenses pursuant to this section, judges shall be deemed to be employees of the State of California and a court commissioner is an employee of the court by which he or she is employed. (2) For purposes of paragraph (3) of subdivision (b), a court commissioner shall receive approval by the presiding judge of the superior court in the county in which he or she is located. (3) For purposes of paragraph (3) of subdivision (b), judges, including justices of the Supreme Court and the Courts of Appeal, shall receive approval from the Chief Justice, or his or her designee. (d) As used in this section, “credible threat” means a verbal or written statement 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. (e) As used in this section, “immediate family” means the spouse, parents, siblings, and children residing with the peace officer, judge, court commissioner, or attorney employed by the Department of Justice, the State Public Defender, or a county office of a district attorney or public defender. (Amended by Stats. 2012, Ch. 665, Sec. 182. (SB 1308) Effective January 1, 2013.)
  126. 833.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A peace officer may search a person for dangerous weapons if there is legal cause to arrest the person and reasonable cause to believe the person has a dangerous weapon.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 833. A peace officer may search for dangerous weapons any person whom he has legal cause to arrest, whenever he has reasonable cause to believe that the person possesses a dangerous weapon. If the officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, when he shall either return it or arrest the person. The arrest may be for the illegal possession of the weapon. (Added by Stats. 1957, Ch. 2147.)
  127. 833.2.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    The provision expresses legislative intent to encourage coordination protocols for child-safety responses when a caretaker parent or guardian is arrested, and to encourage the Department of Justice to seek a statewide training grant.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 833.2. (a) It is the intent of the Legislature to encourage law enforcement and county child welfare agencies to develop protocols in collaboration with other local entities, which may include local educational, judicial, correctional, and community-based organizations, when appropriate, regarding how to best cooperate in their response to the arrest of a caretaker parent or guardian of a minor child, to ensure the child’s safety and well-being. (b) The Legislature encourages the Department of Justice to apply to the federal government for a statewide training grant on behalf of California law enforcement agencies, with the purpose of enabling local jurisdictions to provide training for their law enforcement officers to assist them in developing protocols and adequately addressing issues related to child safety when a caretaker parent or guardian is arrested. (Added by Stats. 2006, Ch. 729, Sec. 1. Effective January 1, 2007.)
  128. 833.5.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A peace officer may detain a person and conduct a limited search for firearms or weapons under specified reasonable-cause conditions, and a court must order certain seized weapons treated as a nuisance after a qualifying conviction.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 833.5. (a) In addition to any other detention permitted by law, if a peace officer has reasonable cause to believe that a person has a firearm or other deadly weapon with him or her in violation of any provision of law relating to firearms or deadly weapons the peace officer may detain that person to determine whether a crime relating to firearms or deadly weapons has been committed. For purposes of this section, “reasonable cause to detain” requires that the circumstances known or apparent to the officer must include specific and articulable facts causing him or her to suspect that some offense relating to firearms or deadly weapons has taken place or is occurring or is about to occur and that the person he or she intends to detain is involved in that offense. The circumstances must be such as would cause any reasonable peace officer in like position, drawing when appropriate on his or her training and experience, to suspect the same offense and the same involvement by the person in question. (b) Incident to any detention permitted pursuant to subdivision (a), a peace officer may conduct a limited search of the person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others. Any firearm or weapon seized pursuant to a valid detention or search pursuant to this section shall be admissible in evidence in any proceeding for any purpose permitted by law. (c) This section shall not be construed to otherwise limit the authority of a peace officer to detain any person or to make an arrest based on reasonable cause. (d) This section shall not be construed to permit a peace officer to conduct a detention or search of any person at the person’s residence or place of business absent a search warrant or other reasonable cause to detain or search. (e) If a firearm or weapon is seized pursuant to this section and the person from whom it was seized owned the firearm or weapon and is convicted of a violation of any offense relating to the possession of such firearm or weapon, the court shall order the firearm or weapon to be deemed a nuisance and disposed of in the manner provided by Sections 18000 and 18005. (Amended (as amended by Stats. 2010, Ch. 178, Sec. 68) by Stats. 2011, Ch. 296, Sec. 213. (AB 1023) Effective January 1, 2012.)
  129. 834.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    This section defines arrest as taking a person into custody in a case and manner allowed by law, and says a peace officer or private person may make the arrest.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 834. An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person. (Enacted 1872.)
  130. 834a

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A person who knows, or should know, that a peace officer is arresting them must not use force or a weapon to resist.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 834a. If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest. (Added by Stats. 1957, Ch. 2147.)
  131. 834c

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    Peace officers must tell a known or suspected foreign national about the right to contact the person’s consulate after arrest, booking, or detention over two hours, unless subdivision (d) applies.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 834c. (a) (1) In accordance with federal law and the provisions of this section, every peace officer, upon arrest and booking or detention for more than two hours of a known or suspected foreign national, shall advise the foreign national that he or she has a right to communicate with an official from the consulate of his or her country, except as provided in subdivision (d). If the foreign national chooses to exercise that right, the peace officer shall notify the pertinent official in his or her agency or department of the arrest or detention and that the foreign national wants his or her consulate notified. (2) The law enforcement official who receives the notification request pursuant to paragraph (1) shall be guided by his or her agency’s procedures in conjunction with the Department of State Guidelines Regarding Foreign Nationals Arrested or Detained in the United States, and make the appropriate notifications to the consular officers at the consulate of the arrestee. (3) The law enforcement official in charge of the custodial facility where an arrestee subject to this subdivision is located shall ensure that the arrestee is allowed to communicate with, correspond with, and be visited by, a consular officer of his or her country. (b) The 1963 Vienna Convention on Consular Relations Treaty was signed by 140 nations, including the United States, which ratified the agreement in 1969. This treaty guarantees that individuals arrested or detained in a foreign country must be told by police “without delay” that they have a right to speak to an official from their country’s consulate and if an individual chooses to exercise that right a law enforcement official is required to notify the consulate. (c) California law enforcement agencies shall ensure that policy or procedure and training manuals incorporate language based upon provisions of the treaty that set forth requirements for handling the arrest and booking or detention for more than two hours of a foreign national pursuant to this section prior to December 31, 2000. (d) Countries requiring mandatory notification under Article 36 of the Vienna Convention shall be notified as set forth in this section without regard to an arrested or detained foreign national’s request to the contrary. Those countries, as identified by the United States Department of State on July 1, 1999, are as follows: (1) Antigua and Barbuda. (2) Armenia. (3) Azerbaijan. (4) The Bahamas. (5) Barbados. (6) Belarus. (7) Belize. (8) Brunei. (9) Bulgaria. (10) China. (11) Costa Rica. (12) Cyprus. (13) Czech Republic. (14) Dominica. (15) Fiji. (16) The Gambia. (17) Georgia. (18) Ghana. (19) Grenada. (20) Guyana. (21) Hong Kong. (22) Hungary. (23) Jamaica. (24) Kazakhstan. (25) Kiribati. (26) Kuwait. (27) Kyrgyzstan. (28) Malaysia. (29) Malta. (30) Mauritius. (31) Moldova. (32) Mongolia. (33) Nigeria. (34) Philippines. (35) Poland (nonpermanent residents only). (36) Romania. (37) Russia. (38) Saint Kitts and Nevis. (39) Saint Lucia. (40) Saint Vincent and the Grenadines. (41) Seychelles. (42) Sierra Leone. (43) Singapore. (44) Slovakia. (45) Tajikistan. (46) Tanzania. (47) Tonga. (48) Trinidad and Tobago. (49) Turkmenistan. (50) Tuvalu. (51) Ukraine. (52) United Kingdom. (53) U.S.S.R. (54) Uzbekistan. (55) Zambia. (56) Zimbabwe. However, any countries requiring notification that the above list does not identify because the notification requirement became effective after July 1, 1999, shall also be required to be notified. (Added by Stats. 1999, Ch. 268, Sec. 1. Effective January 1, 2000.)
  132. 835.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    This section says an arrest is made by physical restraint or by the person submitting to an officer’s custody.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 835. An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention. (Amended by Stats. 1957, Ch. 2147.)
  133. 835a

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    Peace officers may use objectively reasonable force for arrests, but deadly force is limited to necessary situations involving imminent serious harm, with warnings when feasible.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 835a. (a) The Legislature finds and declares all of the following: (1) That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law. (2) As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer. (3) That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. (4) That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. (5) That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement. (b) Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. (c) (1) Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons: (A) To defend against an imminent threat of death or serious bodily injury to the officer or to another person. (B) To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. (2) A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. (d) A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other de-escalation tactics. (e) For purposes of this section, the following definitions shall apply: (1) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm. (2) A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed. (3) “Totality of the circumstances” means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force. (Amended by Stats. 2025, Ch. 241, Sec. 24. (SB 857) Effective January 1, 2026.)
  134. 836.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    This section lets peace officers arrest people in several situations and requires extra steps in domestic violence cases.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 836. (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur: (1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence. (2) The person arrested has committed a felony, although not in the officer’s presence. (3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed. (b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of their right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or of Section 273.5. This information shall include advising the victim how to safely execute the arrest. (c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order. (2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order. (3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense. (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant where both of the following circumstances apply: (1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply: (1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400. (2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property. (3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400. (f) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 459.5 when the violation was not committed in the officer’s presence if all of the following conditions are met: (1) The officer has probable cause to believe the person committed the violation. (2) The arrest is made without undue delay after the violation. (3) Any of the following takes place: (A) The officer obtains a sworn statement from a person who witnessed the person to be arrested committing the alleged violation. (B) The officer observes video footage that shows the person to be arrested committing the alleged violation. (C) The person to be arrested possesses a quantity of goods inconsistent with personal use and the goods bear security devices affixed by a retailer that would customarily be removed upon purchase. (D) The person to be arrested confesses to the alleged violation to the arresting officer. (Amended by Stats. 2024, Ch. 168, Sec. 4. (AB 2943) Effective January 1, 2025.)
  135. 836.1.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A peace officer may make a warrantless arrest for assault or battery against certain on-duty emergency responders if the officer has reasonable cause to believe the person committed the offense.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 836.1. When a person commits an assault or battery against the person of a firefighter, emergency medical technician, or mobile intensive care paramedic while that person is on duty engaged in the performance of his or her duties in violation of subdivision (b) of Section 241 or subdivision (b) of Section 243, a peace officer may, without a warrant, arrest the person who commits the assault or battery: (a) Whenever the peace officer has reasonable cause to believe that the person to be arrested has committed the assault or battery, although the assault or battery was not committed in the peace officer’s presence. (b) Whenever the peace officer has reasonable cause to believe that the person to be arrested has committed the assault or battery, whether or not the assault or battery has in fact been committed. (Added by Stats. 1995, Ch. 52, Sec. 1. Effective January 1, 1996.)
  136. 836.3.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A peace officer may arrest a person under a warrant, and may also arrest without a warrant in certain misdemeanor-escape 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 836.3. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person who, while charged with or convicted of a misdemeanor, has escaped from any county or city jail, prison, industrial farm or industrial road camp or from the custody of the officer or person in charge of him while engaged on any county road or other county work or going to or returning from such county road or other county work or from the custody of any officer or person in whose lawful custody he is when such escape is not by force or violence. (Added by Stats. 1955, Ch. 609.)
  137. 836.5.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A public officer or employee authorized by ordinance may make a warrantless arrest for certain misdemeanors, and must later issue a written notice to appear if the arrested person does not ask to be taken before a magistrate.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 836.5. (a) A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer or employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any public officer or employee acting pursuant to subdivision (a) and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest that is lawful or that the public officer or employee, at the time of the arrest, had reasonable cause to believe was lawful. No officer or employee shall be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance. (c) In any case in which a person is arrested pursuant to subdivision (a) and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.5). The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority. (d) The governing body of a local agency, by ordinance, may authorize its officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations of the statute or ordinance as provided in subdivision (a). (e) For purposes of this section, “ordinance” includes an order, rule, or regulation of any air pollution control district. (f) For purposes of this section, a “public officer or employee” includes an officer or employee of a nonprofit transit corporation wholly owned by a local agency and formed to carry out the purposes of the local agency. (Amended by Stats. 1997, Ch. 324, Sec. 3. Effective January 1, 1998.)
  138. 836.6.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A person who escapes or tries to escape from lawful custody commits an offence.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 836.6. (a) It is unlawful for any person who is remanded by a magistrate or judge of any court in this state to the custody of a sheriff, marshal, or other police agency, to thereafter escape or attempt to escape from that custody. (b) It is unlawful for any person who has been lawfully arrested by any peace officer and who knows, or by the exercise of reasonable care should have known, that he or she has been so arrested, to thereafter escape or attempt to escape from that peace officer. (c) Any person who violates subdivision (a) or (b) is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year. However, if the escape or attempted escape is by force or violence, and the person proximately causes a peace officer serious bodily injury, the person shall be punished by imprisonment in the state prison for two, three, or four years, or by imprisonment in a county jail not to exceed one year. (Amended by Stats. 2012, Ch. 43, Sec. 26. (SB 1023) Effective June 27, 2012.)
  139. 837.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A private person may arrest another in three listed 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 837. A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. (Enacted 1872.)
  140. 838.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A magistrate may orally order a peace officer or private person to arrest someone committing or attempting a public offense in the magistrate’s presence.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 838. A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such magistrate. (Enacted 1872.)
  141. 839.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A person making an arrest may orally summon helpers the person considers necessary.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 839. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein. (Enacted 1872.)
  142. 840.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    Arrests for felonies may be made at any time, but arrests for misdemeanors or infractions generally may not be made between 10 p.m. and 6 a.m.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 840. An arrest for the commission of a felony may be made on any day and at any time of the day or night. An arrest for the commission of a misdemeanor or an infraction cannot be made between the hours of 10 o'clock p.m. of any day and 6 o'clock a.m. of the succeeding day, unless: (1) The arrest is made without a warrant pursuant to Section 836 or 837. (2) The arrest is made in a public place. (3) The arrest is made when the person is in custody pursuant to another lawful arrest. (4) The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night. (Amended by Stats. 1976, Ch. 436.)
  143. 841.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A person making an arrest must usually tell the arrestee the intention, cause, and authority for the arrest, and must also tell the arrestee the offense on request.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 841. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape. The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested. (Amended by Stats. 1961, Ch. 1863.)
  144. 841.5.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    Law enforcement generally may not disclose a victim’s or witness’s address or phone number to an arrestee or possible criminal defendant, subject to listed exceptions.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 841.5. (a) Except as otherwise required by Chapter 10 (commencing with Section 1054) of Title 7, or by the United States Constitution or the California Constitution, no law enforcement officer or employee of a law enforcement agency shall disclose to any arrested person, or to any person who may be a defendant in a criminal action, the address or telephone number of any person who is a victim or witness in the alleged offense. (b) Nothing in this section shall impair or interfere with the right of a defendant to obtain information necessary for the preparation of his or her defense through the discovery process. (c) Nothing in this section shall impair or interfere with the right of an attorney to obtain the address or telephone number of any person who is a victim of, or a witness to, an alleged offense where a client of that attorney has been arrested for, or may be a defendant in, a criminal action related to the alleged offense. (d) Nothing in this section shall preclude a law enforcement agency from releasing the entire contents of an accident report as required by Section 20012 of the Vehicle Code. (Added by Stats. 1992, Ch. 3, Sec. 2. Effective February 10, 1992.)
  145. 842.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A peace officer making an arrest under a warrant does not need to have the warrant in hand, but must show it to the arrested person as soon as practicable if asked.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 842. An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in his possession at the time of the arrest, but if the person arrested so requests it, the warrant shall be shown to him as soon as practicable. (Amended by Stats. 1957, Ch. 2147.)
  146. 843.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    If an officer is making a warrant arrest and the person flees or resists after being told the arrest is intended, the officer may use all necessary means to complete the arrest.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 843. When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all necessary means to effect the arrest. (Enacted 1872.)
  147. 844.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A private person making an arrest for a felony, and a peace officer in all cases, may break open the door or window of the house after demanding admittance and explaining why entry is needed.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 844. To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing the person to be, after having demanded admittance and explained the purpose for which admittance is desired. (Amended by Stats. 1989, Ch. 1360, Sec. 112.)
  148. 845.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A person lawfully inside a house to make an arrest may break a door or window if detained there and needed to free himself; an officer may do the same to free an assisting person in the same situation.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 845. Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself, and an officer may do the same, when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest, and is detained therein. (Enacted 1872.)
  149. 846.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    An arresting person may take offensive weapons from the arrested person and must give them to the magistrate.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 846. Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken. (Enacted 1872.)
  150. 847.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A private person who makes an arrest for a public offense must promptly bring the arrested person before a magistrate or hand them to a peace officer.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 847. (a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer or federal criminal investigator or law enforcement officer described in subdivision (a) or (d) of Section 830.8, acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances: (1) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful. (2) The arrest was made pursuant to a charge made, upon reasonable cause, of the commission of a felony by the person to be arrested. (3) The arrest was made pursuant to the requirements of Section 142, 837, 838, or 839. (Amended by Stats. 2003, Ch. 468, Sec. 13. Effective January 1, 2004.)
  151. 847.5.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A bail bondsman or surety for an out-of-state fugitive may ask a magistrate to issue a warrant and return order, but a magistrate may not issue a warrant for certain health-care-related out-of-state offenses. Taking custody without the required order can trigger a $5,000 infraction, and a person wrongly taken into custody may sue.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 847.5. (a) Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which they escaped bail. The magistrate may require such additional evidence under oath as they deem necessary to decide the issue. If the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, the magistrate may issue a warrant for the person’s arrest. The magistrate shall notify the district attorney of the action and shall direct the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of their right to counsel and to produce evidence at the hearing. The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive, the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which they escaped bail. (b) A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient’s location. (c) A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location, without a magistrate’s order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. (d) A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues. (e) A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of an infraction punishable by a fine of five thousand dollars ($5,000). (Amended by Stats. 2023, Ch. 260, Sec. 15. (SB 345) Effective January 1, 2024.)
  152. 848.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    An officer arresting someone under a warrant must take the person as the warrant directs, or as otherwise allowed by law.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 848. An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as commanded by the warrant, or as provided by law. (Enacted 1872.)
  153. 849.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    For a warrantless arrest, the arrested person must be brought before the nearest or most accessible magistrate without unnecessary delay, unless a peace officer lawfully releases the person under one of several listed exceptions.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 849. (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate. (b) A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances: (1) The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. (2) The person arrested was arrested for intoxication only, and no further proceedings are desirable. (3) The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable. (4) The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. (5) The person was arrested and subsequently delivered to a hospital or other urgent care facility, including, but not limited to, a facility for the treatment of co-occurring substance use disorders, for mental health evaluation and treatment, and no further proceedings are desirable. (6) The person was arrested and subsequently delivered or referred to a public health or social service organization that provides services including, but not limited to, housing, medical care, treatment for alcohol or substance use disorders, psychological counseling, or employment training and education, the organization agrees to accept the delivery or referral, and no further proceedings are desirable. (c) The record of arrest of a person released pursuant to paragraph (1), (3), (5), or (6) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. (Amended by Stats. 2024, Ch. 954, Sec. 1. (AB 2215) Effective January 1, 2025.)
  154. 849.5.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    If a person is arrested and released and no accusatory pleading is filed, the arrest record must show the release, and the arrest is treated as detention only.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 849.5. In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. (Added by Stats. 1975, Ch. 1117.)
  155. 85.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER [85 - 88] ( Title 6 enacted 1872. )

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    It is a crime for any person to bribe, offer a bribe, or use corrupt means to influence a legislative member’s vote or attendance.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER [85 - 88] ( Title 6 enacted 1872. ) ## 85. Every person who gives or offers to give a bribe to any Member of the Legislature, any member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is punishable by imprisonment in the state prison for two, three or four years. (Amended by Stats. 2006, Ch. 435, Sec. 1. Effective September 24, 2006.)
  156. 850.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A warrant or abstract may be sent electronically to peace officers, who must treat it like the original. A custodial officer must promptly give the subject a written copy and explain certain rights when the subject is already in custody on another charge.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 850. (a) A telegraphic copy of a warrant or an abstract of a warrant may be sent by telegraph, teletype, or any other electronic devices, to one or more peace officers, and such copy or abstract is as effectual in the hands of any officer, and he shall proceed in the same manner under it, as though he held the original warrant issued by a magistrate or the issuing authority or agency. (b) Except as otherwise provided in Section 1549.2 relating to Governor’s warrants of extradition, an abstract of the warrant as herein referred to shall contain the following information: the warrant number, the charge, the court or agency of issuance, the subject’s name, address and description, the bail, the name of the issuing magistrate or authority, and if the offense charged is a misdemeanor, whether the warrant has been certified for night service. (c) When the subject of a written or telegraphic warrant or abstract of warrant is in custody on another charge, the custodial officer shall, immediately upon receipt of information as to the existence of any such warrant or abstract, obtain and deliver a written copy of the warrant or abstract to the subject and shall inform him of his rights under Section 1381, where applicable, to request a speedy trial and under Section 858.7 relating to Vehicle Code violations. (Amended by Stats. 1983, Ch. 793, Sec. 1.)
  157. 851.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    An officer who sends telegraphic copies or abstracts of warrants must certify them as correct, file a copy of the warrant in the telegraphic office, and return the original with a statement of what was done.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851. Every officer causing telegraphic copies or abstracts of warrants to be sent, must certify as correct, and file in the telegraphic office from which such copies are sent, a copy of the warrant, and must return the original with a statement of his action thereunder. (Amended by Stats. 1965, Ch. 1990.)
  158. 851.5.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    Arrested people have a right to make at least three phone calls after booking, plus extra calls if they are custodial parents, and officers must provide the required notice and timing.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.5. (a) (1) Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls, as described in subdivision (b). (2) The arrested person shall be entitled to make at least three calls at no expense if the calls are completed to telephone numbers within the local calling area or at his or her own expense if outside the local calling area. (b) At any police facility or place where an arrestee is detained, a sign containing the following information in bold block type shall be posted in a conspicuous place: The arrestee has the right to free telephone calls within the local calling area, or at his or her own expense if outside the local calling area, to three of the following: (1) An attorney of his or her choice or, if he or she has no funds, the public defender or other attorney assigned by the court to assist indigents, whose telephone number shall be posted. This telephone call shall not be monitored, eavesdropped upon, or recorded. (2) A bail bondsman. (3) A relative or other person. (c) As soon as practicable upon being arrested but, except where physically impossible, no later than three hours after arrest, the arresting or booking officer shall inquire as to whether the arrested person is a custodial parent with responsibility for a minor child. The arresting or booking officer shall notify the arrested person who is a custodial parent with responsibility for a minor child that he or she is entitled to, and may request to, make two additional telephone calls at no expense if the telephone calls are completed to telephone numbers within the local calling area, or at his or her own expense if outside the local calling area, to a relative or other person for the purpose of arranging for the care of the minor child or children in the parent’s absence. (d) At any police facility or place where an arrestee is detained, a sign containing the following information in bold block type shall be posted in a conspicuous place: The arrestee, if he or she is a custodial parent with responsibility for a minor child, has the right to two additional telephone calls within the local dialing area, or at his or her own expense if outside the local area, for the purpose of arranging for the care of the minor child or children in the parent’s absence. (e) These telephone calls shall be given immediately upon request, or as soon as practicable. (f) The signs posted pursuant to subdivisions (b) and (d) shall make the specified notifications in English and any non-English language spoken by a substantial number of the public, as specified in Section 7296.2 of the Government Code, who are served by the police facility or place of detainment. (g) The rights and duties set forth in this section shall be enforced regardless of the arrestee’s immigration status. (h) This provision shall not abrogate a law enforcement officer’s duty to advise a suspect of his or her right to counsel or of any other right. (i) Any public officer or employee who willfully deprives an arrested person of any right granted by this section is guilty of a misdemeanor. (Amended by Stats. 2012, Ch. 816, Sec. 1. (AB 2015) Effective January 1, 2013.)
  159. 851.6.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    Certain released arrestees must be issued a certificate describing the matter as a detention, and related arrest records must be changed to say detention.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.6. (a) In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention. (b) In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention. (c) The Attorney General shall prescribe the form and content of the certificate. (d) Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention. (Amended by Stats. 2017, Ch. 566, Sec. 2. (SB 238) Effective October 7, 2017.)
  160. 851.7.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A minor who was cited or arrested for a misdemeanor or felony may ask the court to seal the case records if specified outcomes 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.7. (a) Any person who has been cited or arrested for a misdemeanor or felony, with or without a warrant, while a minor, may, during or after minority, petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the citation or arrest occurred, for an order sealing the records in the case, including any records of citation, arrest, and detention, if any of the following occurred: (1) The person was released pursuant to paragraph (1) of subdivision (b) of Section 849. (2) Proceedings against the person were dismissed, or the person was discharged, without a conviction or adjudication. (3) The person was acquitted. (b) If the court finds that the petitioner is eligible for relief under subdivision (a), it shall issue its order granting the relief prayed for. Thereafter, the citation, arrest, detention, and any further proceedings in the case shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (c) This section applies to arrests and any further proceedings that occurred before, as well as those that occur after, the effective date of this section. (d) This section does not apply to any person taken into custody pursuant to Section 625 of the Welfare and Institutions Code, or to any case within the scope of Section 781 of the Welfare and Institutions Code, unless, after a finding of unfitness for the juvenile court or otherwise, there were criminal proceedings in the case, not culminating in conviction. If there were criminal proceedings not culminating in conviction, this section shall be applicable to the criminal proceedings if the proceedings are otherwise within the scope of this section. (e) This section does not apply to arrests for, and any further proceedings relating to, any of the following: (1) Offenses for which registration is required under Section 290. (2) Offenses under Division 10 (commencing with Section 11000) of the Health and Safety Code. (3) Offenses under the Vehicle Code or any local ordinance relating to the operation, stopping, standing, or parking of a vehicle. (f) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted in evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (g) (1) A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutor’s rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutor’s request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorney’s request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subdivision. A ruling allowing disclosure of information pursuant to this subdivision does not affect whether the information is admissible in a criminal or juvenile proceeding. This subdivision does not impose any discovery obligations on a prosecuting attorney that do not already exist. (2) This subdivision does not apply to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code. (h) This section applies in any case in which a person was under 21 years of age at the time of the commission of an offense to which this section applies if that offense was committed prior to March 7, 1973. (Amended by Stats. 2024, Ch. 782, Sec. 1. (SB 1161) Effective January 1, 2025.)
  161. 851.8.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    This section lets certain arrestees ask for arrest records to be sealed or destroyed, and requires agencies and courts to take related steps if factual innocence is found.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.8. (a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. A copy of the petition shall be served upon the prosecuting attorney of the county or city having jurisdiction over the offense. The law enforcement agency having jurisdiction over the offense, upon a determination that the person arrested is factually innocent, shall, with the concurrence of the prosecuting attorney, seal its arrest records, and the petition for relief under this section for three years from the date of the arrest and thereafter destroy its arrest records and the petition. The law enforcement agency having jurisdiction over the offense shall notify the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner for an offense for which the petitioner has been found factually innocent under this subdivision, of the sealing of the arrest records and the reason therefor. The Department of Justice and any law enforcement agency so notified shall forthwith seal their records of the arrest and the notice of sealing for three years from the date of the arrest, and thereafter destroy their records of the arrest and the notice of sealing. The law enforcement agency having jurisdiction over the offense and the Department of Justice shall request the destruction of any records of the arrest which they have given to any local, state, or federal agency or to any other person or entity. Each agency, person, or entity within the State of California receiving the request shall destroy its records of the arrest and the request, unless otherwise provided in this section. (b) If, after receipt by both the law enforcement agency and the prosecuting attorney of a petition for relief under subdivision (a), the law enforcement agency and prosecuting attorney do not respond to the petition by accepting or denying the petition within 60 days after the running of the relevant statute of limitations or within 60 days after receipt of the petition in cases where the statute of limitations has previously lapsed, then the petition shall be deemed to be denied. In any case where the petition of an arrestee to the law enforcement agency to have an arrest record destroyed is denied, petition may be made to the superior court that would have had territorial jurisdiction over the matter. A copy of the petition shall be served on the law enforcement agency and the prosecuting attorney of the county or city having jurisdiction over the offense at least 10 days prior to the hearing thereon. The prosecuting attorney and the law enforcement agency through the district attorney may present evidence to the court at the hearing. Notwithstanding Section 1538.5 or 1539, any judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is material, relevant, and reliable. A finding of factual innocence and an order for the sealing and destruction of records pursuant to this section shall not be made unless the court finds that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made. In any court hearing to determine the factual innocence of a party, the initial burden of proof shall rest with the petitioner to show that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made. If the court finds that this showing of no reasonable cause has been made by the petitioner, then the burden of proof shall shift to the respondent to show that a reasonable cause exists to believe that the petitioner committed the offense for which the arrest was made. If the court finds the arrestee to be factually innocent of the charges for which the arrest was made, then the court shall order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency which arrested the petitioner or participated in the arrest of the petitioner for an offense for which the petitioner has been found factually innocent under this section to seal their records of the arrest and the court order to seal and destroy the records, for three years from the date of the arrest and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall also order the law enforcement agency having jurisdiction over the offense and the Department of Justice to request the destruction of any records of the arrest which they have given to any local, state, or federal agency, person or entity. Each state or local agency, person or entity within the State of California receiving such a request shall destroy its records of the arrest and the request to destroy the records, unless otherwise provided in this section. The court shall give to the petitioner a copy of any court order concerning the destruction of the arrest records. (c) In any case where a person has been arrested, and an accusatory pleading has been filed, but where no conviction has occurred, the defendant may, at any time after dismissal of the action, petition the court that dismissed the action for a finding that the defendant is factually innocent of the charges for which the arrest was made. A copy of the petition shall be served on the prosecuting attorney of the county or city in which the accusatory pleading was filed at least 10 days prior to the hearing on the petitioner’s factual innocence. The prosecuting attorney may present evidence to the court at the hearing. The hearing shall be conducted as provided in subdivision (b). If the court finds the petitioner to be factually innocent of the charges for which the arrest was made, then the court shall grant the relief as provided in subdivision (b). (d) In any case where a person has been arrested and an accusatory pleading has been filed, but where no conviction has occurred, the court may, with the concurrence of the prosecuting attorney, grant the relief provided in subdivision (b) at the time of the dismissal of the accusatory pleading. (e) Whenever any person is acquitted of a charge and it appears to the judge presiding at the trial at which the acquittal occurred that the defendant was factually innocent of the charge, the judge may grant the relief provided in subdivision (b). (f) In any case where a person who has been arrested is granted relief pursuant to subdivision (a) or (b), the law enforcement agency having jurisdiction over the offense or court shall issue a written declaration to the arrestee stating that it is the determination of the law enforcement agency having jurisdiction over the offense or court that the arrestee is factually innocent of the charges for which the person was arrested and that the arrestee is thereby exonerated. Thereafter, the arrest shall be deemed not to have occurred and the person may answer accordingly any question relating to its occurrence. (g) The Department of Justice shall furnish forms to be utilized by persons applying for the destruction of their arrest records and for the written declaration that one person was found factually innocent under subdivisions (a) and (b). (h) Documentation of arrest records destroyed pursuant to subdivision (a), (b), (c), (d), or (e) that are contained in investigative police reports shall bear the notation “Exonerated” whenever reference is made to the arrestee. The arrestee shall be notified in writing by the law enforcement agency having jurisdiction over the offense of the sealing and destruction of the arrest records pursuant to this section. (i) (1) Any finding that an arrestee is factually innocent pursuant to subdivision (a), (b), (c), (d), or (e) shall not be admissible as evidence in any action. (2) Notwithstanding paragraph (1), a finding that an arrestee is factually innocent pursuant to subdivisions (a) to (e), inclusive, shall be admissible as evidence at a hearing before the California Victim Compensation Board. (j) Destruction of records of arrest pursuant to subdivision (a), (b), (c), (d), or (e) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest, and the record shall be prepared again so that it appears that the arrest never occurred. However, where (1) the only entries on the record pertain to the arrest and (2) the record can be destroyed without necessarily affecting the destruction of other records, then the document constituting the record shall be physically destroyed. (k) No records shall be destroyed pursuant to subdivision (a), (b), (c), (d), or (e) if the arrestee or a codefendant has filed a civil action against the peace officers or law enforcement jurisdiction which made the arrest or instituted the prosecution and if the agency which is the custodian of the records has received a certified copy of the complaint in the civil action, until the civil action has been resolved. Any records sealed pursuant to this section by the court in the civil actions, upon a showing of good cause, may be opened and submitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person authorized by the court. Immediately following the final resolution of the civil action, records subject to subdivision (a), (b), (c), (d), or (e) shall be sealed and destroyed pursuant to subdivision (a), (b), (c), (d), or (e). (l) For arrests occurring on or after January 1, 1981, and for accusatory pleadings filed on or after January 1, 1981, petitions for relief under this section may be filed up to two years from the date of the arrest or filing of the accusatory pleading, whichever is later. Until January 1, 1983, petitioners can file for relief under this section for arrests which occurred or accusatory pleadings which were filed up to five years prior to the effective date of the statute. Any time restrictions on filing for relief under this section may be waived upon a showing of good cause by the petitioner and in the absence of prejudice. (m) Any relief which is available to a petitioner under this section for an arrest shall also be available for an arrest which has been deemed to be or described as a detention under Section 849.5 or 851.6. (n) This section shall not apply to any offense which is classified as an infraction. (o) (1) This section shall be repealed on the effective date of a final judgment based on a claim under the California or United States Constitution holding that evidence that is relevant, reliable, and material may not be considered for purposes of a judicial determination of factual innocence under this section. For purposes of this subdivision, a judgment by the appellate division of a superior court is a final judgment if it is published and if it is not reviewed on appeal by a court of appeal. A judgment of a court of appeal is a final judgment if it is published and if it is not reviewed by the California Supreme Court. (2) Any decision referred to in this subdivision shall be stayed pending appeal. (3) If not otherwise appealed by a party to the action, any decision referred to in this subdivision which is a judgment by the appellate division of the superior court shall be appealed by the Attorney General. (p) A judgment of the court under subdivision (b), (c), (d), or (e) is subject to the following appeal path: (1) In a felony case, appeal is to the court of appeal. (2) In a misdemeanor case, or in a case in which no accusatory pleading was filed, appeal is to the appellate division of the superior court. (Amended by Stats. 2016, Ch. 31, Sec. 235. (SB 836) Effective June 27, 2016. Repealed conditionally as provided in subd. (o).)
  162. 851.85.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    After an acquittal, a judge may seal the case records if the judge believes the defendant was factually innocent. If the order is made, the court must give the defendant a copy and tell the defendant what they may later say about the arrest and acquittal.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.85. Whenever a person is acquitted of a charge and it appears to the judge presiding at the trial wherein such acquittal occurred that the defendant was factually innocent of the charge, the judge may order that the records in the case be sealed, including any record of arrest or detention, upon the written or oral motion of any party in the case or the court, and with notice to all parties to the case. If such an order is made, the court shall give to the defendant a copy of such order and inform the defendant that he may thereafter state that he was not arrested for such charge and that he was found innocent of such charge by the court. (Added by Stats. 1980, Ch. 1172, Sec. 3. Effective September 29, 1980. Conditionally operative, upon repeal of Section 851.8, by Sec. 4 of Ch. 1172.)
  163. 851.86.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    If a conviction is set aside because the person was factually innocent, the judge must order the case records sealed.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.86. Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. If such an order is made, the court shall give the defendant a copy of that order and inform the defendant that he or she may thereafter state he or she was not arrested for that charge and that he or she was not convicted of that charge, and that he or she was found innocent of that charge by the court. The court shall also inform the defendant of the availability of indemnity for persons erroneously convicted pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and the time limitations for presenting those claims. (Added by Stats. 2009, Ch. 432, Sec. 4. (AB 316) Effective January 1, 2010.)
  164. 851.865.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    If a person gets a declaration of factual innocence, the California Victim Compensation Board must treat that finding as binding and, on application, approve payment without a hearing if the funding conditions are met.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.865. (a) If a person has secured a declaration of factual innocence from the court pursuant to Section 851.8 or 851.86, the finding shall be binding on the California Victim Compensation Board for a claim presented to the board pursuant to Section 4900. Upon application by the person, the California Victim Compensation Board shall, without a hearing, approve payment to the claimant pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (b) If the declaration of factual innocence is granted pursuant to a stipulation of the prosecutor, upon application by the person, the board shall, without a hearing, approve payment pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (Amended by Stats. 2023, Ch. 702, Sec. 1. (SB 78) Effective January 1, 2024.)
  165. 851.87.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A person who was arrested and completed a prefiling diversion program may ask the superior court to seal the arrest record, and the court may grant the order.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.87. (a) (1) In any case where a person is arrested and successfully completes a prefiling diversion program administered by a prosecuting attorney in lieu of filing an accusatory pleading, the person may petition the superior court that would have had jurisdiction over the matter to issue an order to seal the records pertaining to an arrest and the court may order those records sealed as described in Section 851.92. A copy of the petition shall be served on the law enforcement agency and the prosecuting attorney of the county or city having jurisdiction over the offense, who may request a hearing within 60 days of receipt of the petition. The court may hear the matter no less than 60 days from the date the law enforcement agency and the prosecuting attorney receive a copy of the petition. The prosecuting attorney and the law enforcement agency, through the prosecuting attorney, may present evidence to the court at the hearing. (2) If the order is made, the court shall give a copy of the order to the person and inform the person that he or she may thereafter state that he or she was not arrested for the charge. (3) The person may, except as specified in subdivisions (b) and (c), indicate in response to any question concerning the person’s prior criminal record that the person was not arrested. (4) Subject to subdivisions (b) and (c), a record pertaining to the arrest shall not, without the person’s permission, be used in any way that could result in the denial of any employment, benefit, or certificate. (b) The person shall be advised that, regardless of the person’s successful completion of the program, the arrest shall be disclosed by the Department of Justice in response to any peace officer application request, and that, notwithstanding subdivision (a), this section does not relieve the person of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (c) The person shall be advised that an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. (d) As used in this section, “prefiling diversion” is a diversion from prosecution that is offered to a person by the prosecuting attorney in lieu of, or prior to, the filing of an accusatory pleading in court as set forth in Section 950. (Amended by Stats. 2017, Ch. 680, Sec. 1. (SB 393) Effective January 1, 2018.)
  166. 851.90.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    After successful completion of certain diversion or deferred-entry programs, a judge may order arrest records sealed, and the defendant may then say they were not arrested, except for the stated disclosure exceptions.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.90. (a) (1) Whenever a person is diverted pursuant to a drug diversion program administered by a superior court pursuant to Section 1000.5 or is admitted to a deferred entry of judgment program pursuant to Section 1000 or 1000.8, and the person successfully completes the program, the judge may order those records pertaining to the arrest to be sealed as described in Section 851.92, upon the written or oral motion of any party in the case, or upon the court’s own motion, and with notice to all parties in the case. (2) If the order is made, the court shall give a copy of the order to the defendant and inform the defendant that he or she may thereafter state that he or she was not arrested for the charge. (3) The defendant may, except as specified in subdivisions (b) and (c), indicate in response to any question concerning the defendant’s prior criminal record that the defendant was not arrested or granted statutorily authorized drug diversion or deferred entry of judgment for the offense. (4) Subject to subdivisions (b) and (c), a record pertaining to an arrest resulting in the successful completion of a statutorily authorized drug diversion or deferred entry of judgment program shall not, without the defendant’s permission, be used in any way that could result in the denial of any employment, benefit, or certificate. (b) The defendant shall be advised that, regardless of the defendant’s successful completion of a statutorily authorized drug diversion or deferred entry of judgment program, the arrest upon which the case was based shall be disclosed by the Department of Justice in response to any peace officer application request, and that, notwithstanding subdivision (a), this section does not relieve the defendant of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (c) The defendant shall be advised that, regardless of the defendant’s successful completion of a statutorily authorized drug diversion or deferred entry of judgment program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. (Amended by Stats. 2017, Ch. 680, Sec. 2. (SB 393) Effective January 1, 2018.)
  167. 851.91.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    A qualifying person may ask the court to seal an arrest record, but the petition must meet filing, notice, and content requirements, and some arrests are excluded.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.91. (a) A person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed, as described in Section 851.92. (1) For purposes of this section, an arrest did not result in a conviction if any of the following are true: (A) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest. (B) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred: (i) No conviction occurred, the charge has been dismissed, and the charge may not be refiled. (ii) No conviction occurred and the arrestee has been acquitted of the charges. (iii) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled. (2) A person is not eligible for relief under this section in any of the following circumstances: (A) He or she may still be charged with any of the offenses upon which the arrest was based. (B) Any of the arrest charges, as specified by the law enforcement agency that conducted the arrest, or any of the charges in the accusatory pleading based on the arrest, if filed, is a charge of murder or any other offense for which there is no statute of limitations, except when the person has been acquitted or found factually innocent of the charge. (C) The petitioner intentionally evaded law enforcement efforts to prosecute the arrest, including by absconding from the jurisdiction in which the arrest occurred. The existence of bench warrants or failures to appear that were adjudicated before the case closed with no conviction does not establish intentional evasion. (D) The petitioner intentionally evaded law enforcement efforts to prosecute the arrest by engaging in identity fraud and was subsequently charged with a crime for that act of identity fraud. (b) (1) A petition to seal an arrest shall: (A) Be verified. (B) Be filed in the court in which the accusatory pleading based on the arrest was filed or, if no accusatory pleading was filed, in a court with criminal jurisdiction in the city or county in which the arrest occurred. (C) Be filed at least 15 days prior to the hearing on the petition. (D) Be served, by copy, upon the prosecuting attorney of the city or county in which the arrest occurred and upon the law enforcement agency that made the arrest at least 15 days prior to the hearing on the petition. (E) Include all of the following information: (i) The petitioner’s name and date of birth. (ii) The date of the arrest for which sealing is sought. (iii) The city and county where the arrest took place. (iv) The law enforcement agency that made the arrest. (v) Any other information identifying the arrest that is available from the law enforcement agency that conducted the arrest or from the court in which the accusatory pleading, if any, based on the arrest was filed, including, but not limited to, the case number for the police investigative report documenting the arrest, and the court number under which the arrest was reviewed by the prosecuting attorney or under which the prosecuting attorney filed an accusatory pleading. (vi) The offenses upon which the arrest was based or, if an accusatory pleading was filed based on the arrest, the charges in the accusatory pleading. (vii) A statement that the petitioner is entitled to have his or her arrest sealed as a matter of right or, if the petitioner is requesting to have his or her arrest sealed in the interests of justice, how the interests of justice would be served by granting the petition, accompanied by declarations made directly and verified by the petitioner, his or her supporting declarants, or both. (2) The court may deny a petition for failing to meet any of the requirements described in paragraph (1). (3) (A) The Judicial Council shall furnish forms to be utilized by a person applying to have his or her arrest sealed pursuant to this section. The petition form shall include all of the information required to be included in the petition by paragraph (1) of subdivision (b), shall be available in English, Spanish, Chinese, Vietnamese, and Korean, and shall include a statement that the petition form is available in additional languages and the Internet Web site where the form is available in alternative languages. The forms shall include notice of other means to address arrest records, including a determination of factual innocence under Section 851.8 and deeming an arrest a detention under Section 849.5. (B) (i) A facility at which an arrestee is detained shall, at the request of an arrestee upon release, provide the forms furnished by Judicial Council pursuant to subparagraph (A) to the arrestee. (ii) A facility at which an arrestee is detained shall post a sign containing the following information: “A person who has been arrested but not convicted may petition the court to have his or her arrest and related records sealed. The petition form is available on the Internet or upon request in this facility.” (c) A petition to seal an arrest record pursuant to this section may be granted as a matter of right or in the interests of justice. (1) A petitioner who is eligible for relief under subdivision (a) is entitled to have his or her arrest sealed as a matter of right unless he or she is subject to paragraph (2). (2) (A) (i) A petitioner may have his or her arrest sealed only upon a showing that the sealing would serve the interests of justice if any of the offenses upon which the arrest was based, as specified by the law enforcement agency that made the arrest, or, if an accusatory pleading was filed, any of the charges in the accusatory pleading, was one of the following: (I) Domestic violence, if the petitioner’s record demonstrates a pattern of domestic violence arrests, convictions, or both. (II) Child abuse, if the petitioner’s record demonstrates a pattern of child abuse arrests, convictions, or both. (III) Elder abuse, if the petitioner’s record demonstrates a pattern of elder abuse arrests, convictions, or both. (ii) For purposes of this subparagraph, “pattern” means two or more convictions, or five or more arrests, for separate offenses occurring on separate occasions within three years from at least one of the other convictions or arrests. (B) In determining whether the interests of justice would be served by sealing an arrest record pursuant to this section, the court may consider any relevant factors, including, but not limited to, any of the following: (i) Hardship to the petitioner caused by the arrest that is the subject of the petition. (ii) Declarations or evidence regarding the petitioner’s good character. (iii) Declarations or evidence regarding the arrest. (iv) The petitioner’s record of convictions. (d) (1) At a hearing on a petition under this section, the petitioner, the prosecuting attorney, and, through the prosecuting attorney, the arresting agency may present evidence to the court. Notwithstanding Section 1538.5 or 1539, the hearing may be heard and determined upon declarations, affidavits, police investigative reports, copies of state summary criminal history information and local summary criminal history information, or any other evidence submitted by the parties that is material, relevant, and reliable. (2) The petitioner has the initial burden of proof to show that he or she is entitled to have his or her arrest sealed as a matter of right or that sealing would serve the interests of justice. If the court finds that petitioner has satisfied his or her burden of proof, then the burden of proof shall shift to the respondent prosecuting attorney. (e) If the court grants a petition pursuant to this section, the court shall do all of the following: (1) Furnish a disposition report to the Department of Justice, pursuant to Section 13151, stating that relief was granted under this section. (2) (A) Issue a written ruling and order to the petitioner, the prosecuting attorney, and to the law enforcement agency that made the arrest that states all of the following: (B) The record of arrest has been sealed as to petitioner, the arrest is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest, except as provided in Section 851.92 and as follows: (i) The sealed arrest may be pleaded and proved in any subsequent prosecution of the petitioner for any other offense, and shall have the same effect as if it had not been sealed. (ii) The sealing of an arrest pursuant to this section does not relieve the petitioner of the obligation to disclose the arrest, if otherwise required by law, in response to any direct question contained in a questionnaire or application for public office, for employment as a peace officer, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. (iii) The sealing of an arrest pursuant to this section does not affect petitioner’s authorization to own, possess, or have in his or her custody or control any firearm, or his or her susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the arrest would otherwise affect this authorization or susceptibility. (iv) The sealing of an arrest pursuant to this section does not affect any prohibition from holding public office that would otherwise apply under law as a result of the arrest. (Amended by Stats. 2018, Ch. 653, Sec. 1. (AB 2599) Effective January 1, 2019.)
  168. 851.92.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    This section sets out how a sealed arrest record must be handled, copied, marked, and restricted from disclosure, and allows criminal justice agencies to keep using sealed arrest information in their regular work.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.92. (a) This section applies when an arrest record is sealed pursuant to Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9. (b) When the court issues an order to seal an arrest, the sealing shall be accomplished as follows: (1) The court shall provide copies of the order and a report on the disposition of the arrest, as follows: (A) Upon issuing the order, the court shall provide a copy to the person whose arrest was sealed and to the prosecuting attorney. (B) Within 30 days of issuing the order, the court shall forward a copy of the order to the law enforcement agency that made the arrest, to any other law enforcement agency that participated in the arrest, and to the law enforcement agency that administers the master local summary criminal history information that contains the arrest record for the sealed arrest. (C) Within 30 days of issuing the order, the court shall furnish a disposition report to the Department of Justice indicating that relief has been ordered and providing the section of the Penal Code under which that relief was granted and the date that relief was granted. (D) A sealing order made pursuant to this subdivision shall not be forwarded to the Department of Justice to be included or notated in the department’s manual or electronic fingerprint image or criminal history record systems. Any sealing order made pursuant to this subdivision and received by the Department of Justice shall not be processed by the department. (2) The arrest record shall be updated, as follows: (A) The local summary criminal history information shall include, directly next to or below the entry or entries regarding the sealed arrest, a note stating “arrest sealed” and providing the date that the court issued the order, and the section pursuant to which the arrest was sealed. This note shall be included in all master copies of the arrest record, digital or otherwise. (B) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the sealed arrest, a note stating “arrest relief granted,” providing the date that the court issued the order and the section of the Penal Code pursuant to which the relief was granted. This note shall be included in all master copies of the arrest record, digital or otherwise. (3) A police investigative report related to the sealed arrest shall, only as to the person whose arrest was sealed, be stamped “ARREST SEALED: DO NOT RELEASE OUTSIDE THE CRIMINAL JUSTICE SECTOR,” and shall note next to the stamp the date the arrest was sealed and the section pursuant to which the arrest was sealed. The responsible local law enforcement agency shall ensure that this note is included in all master copies, digital or otherwise, of the police investigative report related to the arrest that was sealed. (4) Court records related to the sealed arrest shall, only as to the person whose arrest was sealed, be stamped “ARREST SEALED: DO NOT RELEASE OUTSIDE OF THE CRIMINAL JUSTICE SECTOR,” and shall note next to the stamp the date of the sealing and the section pursuant to which the arrest was sealed. This stamp and note shall be included on all master court dockets, digital or otherwise, relating to the arrest. (5) Arrest records, police investigative reports, and court records that are sealed under this section shall not be disclosed to any person or entity except the person whose arrest was sealed or a criminal justice agency. Nothing shall prohibit disclosure of information between criminal history providers. (6) Notwithstanding the sealing of an arrest, a criminal justice agency may continue, in the regular course of its duties, to access, furnish to other criminal justice agencies, and use, including, but not limited to, by discussing in open court and in unsealed court filings, sealed arrests, sealed arrest records, sealed police investigative reports, sealed court records, and information relating to sealed arrests, to the same extent that would have been permitted for a criminal justice agency if the arrest had not been sealed. (c) Unless specifically authorized by this section, a person or entity, other than a criminal justice agency or the person whose arrest was sealed, who disseminates information relating to a sealed arrest is subject to a civil penalty of not less than five hundred dollars ($500) and not more than two thousand five hundred dollars ($2,500) per violation. The civil penalty may be enforced by a city attorney, district attorney, or the Attorney General. This subdivision does not limit any existing private right of action. A civil penalty imposed under this section shall be cumulative to civil remedies or penalties imposed under any other law. (d) As used in this section and Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9, all of the following terms have the following meanings: (1) “Arrest record” and “record pertaining to an arrest” mean information about the arrest or detention that is contained in either of the following: (A) The master, or a copy of the master, local summary criminal history information, as defined in subdivision (a) of Section 13300. (B) The master, or a copy of the master, state summary criminal history information as defined in subparagraph (A) of paragraph (2) of subdivision (a) of Section 11105. (2) “Court records” means records, files, and materials created, compiled, or maintained by or for the court in relation to court proceedings, and includes, but is not limited to, indexes, registers of actions, court minutes, court orders, court filings, court exhibits, court progress and status reports, court history summaries, copies of state summary criminal history information and local summary criminal history information, and any other criminal history information contained in any of those materials. (3) “Criminal history provider” means a person or entity that is not a criminal justice agency and that provides background screening services or criminal history information on identified individuals to the public or to those outside the criminal justice sector upon request, charge, or pursuant to a contractual agreement or that aggregates into databases that are open to the public or to those outside the criminal justice sector upon request or charge, or pursuant to a contractual agreement, that are not created or maintained by a criminal justice agency, criminal history information on identified individuals. For the purposes of this paragraph, a criminal history provider includes an investigative consumer reporting agency, as defined in Section 1786.2 of the Civil Code, a consumer credit reporting agency, as defined in Section 1785.3 of the Civil Code, and a consumer reporting agency, as defined in Section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)). (4) “Criminal justice agency” means an agency at any level of government that performs, as its principal function, activities relating to the apprehension, prosecution, defense, adjudication, incarceration, or correction of criminal suspects and criminal offenders. A criminal justice agency includes, but is not limited to, any of the following: (A) A court of this state. (B) A peace officer, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5. (C) A district attorney. (D) A prosecuting city attorney. (E) A city attorney pursuing civil gang injunctions pursuant to Section 186.22a, drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code, or a city attorney or county counsel pursuing gun violence restraining orders pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6. (F) A probation officer. (G) A parole officer. (H) A public defender or an attorney representing a person, or a person representing themselves, in a criminal proceeding, a proceeding to revoke parole, mandatory supervision, or postrelease community supervision, or in a proceeding described in Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3. (I) An expert, investigator, or other specialist contracted by a prosecuting attorney or defense attorney to accomplish the purpose of the prosecution, defense, or representation in the criminal proceeding. (J) A correctional officer. (5) “Police investigative report” means intelligence, analytical, and investigative reports and files created, compiled, and maintained by a law enforcement criminal justice agency and relating to a potential crime, violation of the law, arrest, detention, prosecution, or law enforcement investigation. (Amended by Stats. 2024, Ch. 539, Sec. 1. (AB 2917) Effective January 1, 2025.)
  169. 851.93.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. )

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    The Department of Justice must review arrest records monthly and grant arrest record relief to eligible people when the database information is available. Relief can remove penalties tied to the arrest, but some disclosure and access exceptions still apply.

    ## 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 5. Arrest, by Whom and How Made [833 - 851.93] ( Chapter 5 enacted 1872. ) ## 851.93. (a) (1) On a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository, shall identify persons with records of arrest that meet the criteria set forth in paragraph (2) and are eligible for arrest record relief. (2) A person is eligible for relief pursuant to this section, if the arrest occurred on or after January 1, 1973, and meets any of the following conditions: (A) The arrest was for a misdemeanor offense and the charge was dismissed. (B) The arrest was for a misdemeanor offense, there is no indication that criminal proceedings have been initiated, at least one calendar year has elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges that arose, from that arrest. (C) (i) The arrest was for a felony offense not described in clause (ii), there is no indication that criminal proceedings have been initiated, at least three calendar years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest. (ii) If the arrest was for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more, there is no indication that criminal proceedings have been initiated, at least six years have elapsed since the date of the arrest, and no conviction occurred, or the arrestee was acquitted of any charges arising, from that arrest. (D) The person successfully completed any of the following, relating to that arrest: (i) A prefiling diversion program, as defined in subdivision (d) of Section 851.87, administered by a prosecuting attorney in lieu of filing an accusatory pleading. (ii) A drug diversion program administered by a superior court pursuant to Section 1000.5, or a deferred entry of judgment program pursuant to Section 1000 or 1000.8. (iii) A pretrial diversion program, pursuant to Section 1000.4. (iv) A diversion program, pursuant to Section 1001.9. (v) A diversion program described in Chapter 2.8 (commencing with Section 1001.20), Chapter 2.8A (commencing with Section 1001.35), Chapter 2.81 (commencing with Section 1001.40), Chapter 2.9 (commencing with Section 1001.50), Chapter 2.9A (commencing with Section 1001.60), Chapter 2.9B (commencing with Section 1001.70), Chapter 2.9C (commencing with Section 1001.80), Chapter 2.9D (commencing with Section 1001.81), or Chapter 2.92 (commencing with Section 1001.85), of Title 6. (b) (1) The department shall grant relief to a person identified pursuant to subdivision (a), without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records. (2) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the person’s arrest record, a note stating “arrest relief granted,” listing the date that the department granted relief, and this section. This note shall be included in all statewide criminal databases with a record of the arrest. (3) Except as otherwise provided in subdivision (d), an arrest for which arrest relief has been granted is deemed not to have occurred, and a person who has been granted arrest relief is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to that arrest accordingly. (c) On a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on August 1, 2022, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in subdivision (d), the court shall not disclose information concerning an arrest that is granted relief pursuant to this section to any person or entity, in any format, except to the person whose arrest was granted relief or a criminal justice agency, as defined in Section 851.92. (d) Relief granted pursuant to this section is subject to all of the following conditions: (1) Arrest relief does not relieve a person of the obligation to disclose an arrest in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830. (2) Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted. (3) This section does not limit the ability of a district attorney to prosecute, within the applicable statute of limitations, an offense for which arrest relief has been granted pursuant to this section. (4) Relief granted pursuant to this section does not affect a person’s authorization to own, possess, or have in the person’s custody or control a firearm, or the person’s susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the arrest would otherwise affect this authorization or susceptibility. (5) Relief granted pursuant to this section does not affect any prohibition from holding public office that would otherwise apply under law as a result of the arrest. (6) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections. (e) This section does not limit petitions, motions, or orders for arrest record relief, as required or authorized by any other law, including, but not limited to, Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9. (f) The department shall annually publish on the OpenJustice Web portal, as described under Section 13010, statistics for each county regarding the total number of arrests granted relief pursuant to this section and the percentage of arrests for which the state summary criminal history information does not include a disposition. (g) This section shall be operative commencing October 1, 2024, subject to an appropriation in the annual Budget Act. (Amended (as amended by Stats. 2023, Ch. 47, Sec. 5) by Stats. 2024, Ch. 49, Sec. 2. (AB 168) Effective July 2, 2024. Conditionally operative October 1, 2024, as prescribed by its own provisions.)
  170. 852.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. )

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    This chapter may be cited as the Uniform Act on Fresh Pursuit.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. ) ## 852. This chapter may be cited as the Uniform Act on Fresh Pursuit. (Added by Stats. 1937, Ch. 301.)
  171. 852.1.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. )

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    This section defines key terms used in the chapter: “State,” “peace officer,” and “fresh pursuit.”

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. ) ## 852.1. As used in this chapter: (a) “State” means any State of the United States and the District of Columbia. (b) “Peace officer” means any peace officer or member of any duly organized State, county, or municipal peace unit or police force of another State. (c) “Fresh Pursuit” includes close pursuit and hot pursuit. (Added by Stats. 1937, Ch. 301.)
  172. 852.2.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. )

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    An out-of-state peace officer in fresh pursuit may arrest and hold a person in custody in this State for a felony committed in the other State, with the same authority as California peace officers.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. ) ## 852.2. Any peace officer of another State, who enters this State in fresh pursuit, and continues within this State in fresh pursuit, of a person in order to arrest him on the ground that he has committed a felony in the other State, has the same authority to arrest and hold the person in custody, as peace officers of this State have to arrest and hold a person in custody on the ground that he has committed a felony in this State. (Added by Stats. 1937, Ch. 301.)
  173. 852.3.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. )

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    When an out-of-state peace officer makes an arrest in this state under section 852.2, the arrested person must be brought promptly before a county magistrate, who must decide whether the arrest was lawful.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. ) ## 852.3. If an arrest is made in this State by a peace officer of another State in accordance with the provisions of section 852.2 of this code, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await a reasonable time for the issuance of an extradition warrant by the Governor of this State or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested. (Added by Stats. 1937, Ch. 301.)
  174. 852.4.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. )

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    Section 852.4 says Section 852.2 must not be read to make otherwise lawful arrests unlawful.

    ## 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 5A. Uniform Act on Fresh Pursuit [852 - 852.4] ( Heading of Chapter 5A renumbered from Chapter 5a by Stats. 2015, Ch. 303, Sec. 393. ) ## 852.4. Section 852.2 of this code shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful. (Added by Stats. 1937, Ch. 301.)
  175. 853.1.

    ## 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 1. Colorado River Crime Enforcement Compact [853.1 - 853.2] ( Article 1 heading added by Stats. 1995, Ch. 526, Sec. 4. )

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    California ratifies the Colorado River Crime Enforcement Compact, and it becomes operative only when Arizona ratifies it by law.

    ## 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 1. Colorado River Crime Enforcement Compact [853.1 - 853.2] ( Article 1 heading added by Stats. 1995, Ch. 526, Sec. 4. ) ## 853.1. (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of the United States Code, the Legislature of the State of California hereby ratifies the Colorado River Crime Enforcement Compact as set forth in Section 853.2. (b) The purpose of this compact is to promote the interests of justice with regard to crimes committed on the Colorado River by avoiding jurisdictional issues as to whether a criminal act sought to be prosecuted was committed on one side or the other of the exact boundary of the channel, and thus avoiding the risk that an offender may go free on technical grounds because neither state is able to establish that the offense was committed within its boundaries. (c) This compact shall become operative when ratified by law in the State of Arizona; and shall remain in full force and effect so long as the provisions of this compact, as ratified by the State of Arizona, remain substantively the same as the provisions of this compact, as ratified by this section. This compact may be amended in the same manner as is required for it to be ratified to become operative. (Added by Stats. 1985, Ch. 754, Sec. 1.)
  176. 853.2.

    ## 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 1. Colorado River Crime Enforcement Compact [853.1 - 853.2] ( Article 1 heading added by Stats. 1995, Ch. 526, Sec. 4. )

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    Certain California courts and officers have concurrent criminal jurisdiction with Arizona in specified Colorado River boundary areas, subject to limits and exceptions.

    ## 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 1. Colorado River Crime Enforcement Compact [853.1 - 853.2] ( Article 1 heading added by Stats. 1995, Ch. 526, Sec. 4. ) ## 853.2. (a) All courts and officers now or hereafter having and exercising jurisdiction in any county which is now or may hereafter be formed in any part of this state bordering upon the Colorado River, or any lake formed by, or which is a part of, the Colorado River, shall have and exercise jurisdiction in all criminal cases upon those waters concurrently with the courts of and officers of the State of Arizona, so far and to the extent that any of these bodies of water form a common boundary between this state and the State of Arizona. In addition, the officers shall have concurrent jurisdiction with the officers of the State of Arizona on any land mass within 25 air miles of the Colorado River, or within 25 air miles of any lake formed by, or that is a part of, the Colorado River. (b) This section applies only to those crimes which are established in common between the States of Arizona and California; and an acquittal or conviction and sentence by one state shall bar a prosecution for the same act or omission by the other. (c) This compact shall not be construed to bar the enforcement of the penal laws of either state not established in common with the other, provided that the act or omission proscribed occurs on that state’s side of the river channel boundary. (d) This compact does not apply to Division 3.5 (commencing with Section 9840) of the Vehicle Code, relating to registration of vessels, or to Section 658.7 of the Harbors and Navigation Code, relating to the display of a ski flag. (Amended by Stats. 1994, Ch. 348, Sec. 1. Effective January 1, 1995. Note: This section constitutes the primary text of the Colorado River Crime Enforcement Compact. Section 853.1 provides for ratification, operation, and amendment of the compact.)
  177. 853.3.

    ## 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 2. California-Nevada Compact for Jurisdiction on Interstate Waters [853.3 - 853.4] ( Article 2 added by Stats. 1995, Ch. 526, Sec. 5. )

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    California ratifies the California-Nevada Compact for Jurisdiction on Interstate Waters.

    ## 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 2. California-Nevada Compact for Jurisdiction on Interstate Waters [853.3 - 853.4] ( Article 2 added by Stats. 1995, Ch. 526, Sec. 5. ) ## 853.3. (a) Pursuant to the authority vested in this state by Section 112 of Title 4 of the United States Code, the Legislature of the State of California hereby ratifies the California-Nevada Compact for Jurisdiction on Interstate Waters as set forth in Section 853.4. (b) The Legislature finds that law enforcement has been impaired in sections of Lake Tahoe and Topaz Lake forming an interstate boundary between California and Nevada because of difficulty in determining precisely where a criminal act was committed. (c) The Legislature intends that a person arrested for an act that is illegal in both states should not be freed merely because neither state could establish that a crime was committed within its boundaries. (d) The California-Nevada Compact for Jurisdiction on Interstate Waters is enacted to provide for the enforcement of the laws of this state with regard to certain acts committed on Lake Tahoe or Topaz Lake, on either side of the boundary line between California and Nevada. (Added by Stats. 1995, Ch. 526, Sec. 5. Effective January 1, 1996.)
  178. 853.4.

    ## 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 2. California-Nevada Compact for Jurisdiction on Interstate Waters [853.3 - 853.4] ( Article 2 added by Stats. 1995, Ch. 526, Sec. 5. )

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    This compact gives certain courts and law enforcement officers concurrent jurisdiction to arrest, prosecute, and try offenders for prohibited conduct on Lake Tahoe or Topaz Lake, and it bars a second prosecution after an acquittal or conviction and sentence by one 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 5B. Interstate Jurisdiction [853.1 - 853.4] ( Heading of Chapter 5B amended by Stats. 1995, Ch. 526, Sec. 3. ) ## ARTICLE 2. California-Nevada Compact for Jurisdiction on Interstate Waters [853.3 - 853.4] ( Article 2 added by Stats. 1995, Ch. 526, Sec. 5. ) ## 853.4. (a) As used in this compact, unless the context otherwise requires, “party state” means a state that has enacted this compact. (b) If conduct is prohibited by the party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where Lake Tahoe or Topaz Lake forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute, and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states. (c) This section applies only to those crimes that are established in common between the States of Nevada and California, and an acquittal or conviction and sentence by one state shall bar a prosecution for the same act or omission by the other. (d) This compact does not authorize any conduct prohibited by a party state. (e) This compact shall become operative when ratified by law by the party states and shall remain in full force and effect so long as the provisions of this compact, as ratified by the State of Nevada, remain substantively the same as the provisions of this compact, as ratified by this section. This compact may be amended in the same manner as is required for it to become operative. (Added by Stats. 1995, Ch. 526, Sec. 5. Effective January 1, 1996. [Note: This section constitutes the primary text of the California-Nevada Compact for Jurisdiction on Interstate Waters, with subd. (e) providing for its operation and amendment. Section 853.3 provides for ratification of the compact.])
  179. 853.5.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. )

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    This section sets rules for handling citations for infractions, including ID checks, thumbprints, court comparison procedures, and deadlines.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. ) ## 853.5. (a) Except as otherwise provided by law, in any case in which a person is arrested for an offense declared to be an infraction, the person may be released according to the procedures set forth by this chapter for the release of persons arrested for an offense declared to be a misdemeanor. In all cases, except as specified in Sections 40302, 40303, 40305, and 40305.5 of the Vehicle Code, in which a person is arrested for an infraction, a peace officer shall only require the arrestee to present his or her driver’s license or other satisfactory evidence of his or her identity for examination and to sign a written promise to appear contained in a notice to appear. If the arrestee does not have a driver’s license or other satisfactory evidence of identity in his or her possession, the officer may require the arrestee to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Only if the arrestee refuses to sign a written promise, has no satisfactory identification, or refuses to provide a thumbprint or fingerprint may the arrestee be taken into custody. (b) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice. (c) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (d) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action. (e) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice. (Amended by Stats. 2003, Ch. 467, Sec. 2. Effective January 1, 2004.)
  180. 853.6a

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. )

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    For certain juvenile arrests, the notice to appear must be handled differently, and officers, prosecutors, juvenile courts, and peace officers have specific options and filing steps.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. ) ## 853.6a. (a) Except as provided in subdivision (b), if the person arrested appears to be under the age of 18 years, and the arrest is for a violation listed in Section 256 of the Welfare and Institutions Code, other than an offense involving a firearm, the notice under Section 853.6 shall instead provide that the person shall appear before the juvenile court, a juvenile court referee, or a juvenile hearing officer within the county in which the offense charged is alleged to have been committed, and the officer shall instead, as soon as practicable, file the duplicate notice with the prosecuting attorney unless the prosecuting attorney directs the officer to file the duplicate notice with the clerk of the juvenile court, the juvenile court referee, or the juvenile hearing officer. If the notice is filed with the prosecuting attorney, within 48 hours before the date specified on the notice to appear, the prosecutor, within his or her discretion, may initiate proceedings by filing the notice or a formal petition with the clerk of the juvenile court, or the juvenile court referee or juvenile hearing officer, before whom the person is required to appear by the notice. (b) A juvenile court may exercise the option of not requiring a mandatory appearance of the juvenile before the court for infractions contained in the Vehicle Code, except those related to drivers’ licenses as specified in Division 6 (commencing with Section 12500), those related to financial responsibility as specified in Division 7 (commencing with Section 16000), those related to speeding violations as specified in Division 11 (commencing with Section 21000) in which the speed limit was violated by 15 or more miles per hour, and those involving the use or possession of alcoholic beverages as specified in Division 11.5 (commencing with Section 23500). (c) In counties where an Expedited Youth Accountability Program is operative, as established under Section 660.5 of the Welfare and Institutions Code, a peace officer may issue a citation and written promise to appear in juvenile court or record the minor’s refusal to sign the promise to appear and serve notice to appear in juvenile court, according to the requirements and procedures provided in that section. (d) This section may not be construed to limit the discretion of a peace officer or other person with the authority to enforce laws pertaining to juveniles to take the minor into custody pursuant to Article 15 (commencing with Section 625) of the Welfare and Institutions Code. (Amended by Stats. 2003, Ch. 149, Sec. 68. Effective January 1, 2004.)
  181. 853.7.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. )

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    A person who willfully fails to follow a written promise to appear, or a lawful continuance of that promise, is guilty of a misdemeanor.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. ) ## 853.7. Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested. (Amended by Stats. 1988, Ch. 403, Sec. 2.)
  182. 853.7a

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. )

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    A county may authorize a $15 court assessment, and the court clerk must deposit collected amounts into the county treasury.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. ) ## 853.7a. (a) In addition to the fees authorized or required by any other provision of law, a county may, by resolution of the board of supervisors, require the courts of that county to impose an assessment of fifteen dollars ($15) upon every person who violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail, or who otherwise fails to comply with any valid court order for a violation of any provision of this code or local ordinance adopted pursuant to this code. This assessment shall apply whether or not a violation of Section 853.7 is concurrently charged or a warrant of arrest is issued pursuant to Section 853.8. (b) The clerk of the court shall deposit the amounts collected under this section in the county treasury. All money so deposited shall be used first for the development and operation of an automated county warrant system. If sufficient funds are available after appropriate expenditures to develop, modernize, and maintain the automated warrant system, a county may use the balance to fund a warrant service task force for the purpose of serving all bench warrants within the county. (Amended by Stats. 2002, Ch. 148, Sec. 1. Effective January 1, 2003.)
  183. 853.8.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. )

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    If a person signs a written promise to appear and has not posted bail, the magistrate must issue and deliver an arrest warrant within 20 days after the person fails to appear.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. ) ## 853.8. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised or within 20 days after his or her failure to appear after a lawfully granted continuance of his or her promise to appear. (Amended by Stats. 1988, Ch. 403, Sec. 3.)
  184. 853.85.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. )

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    This chapter does not apply when a person is arrested for an offense declared to be a felony.

    ## 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 5C. Citations for Misdemeanors [853.5 - 853.85] ( Heading of Chapter 5C amended by Stats. 1967, Ch. 816. ) ## 853.85. This chapter shall not apply in any case where a person is arrested for an offense declared to be a felony. (Added by Stats. 1992, Ch. 1009, Sec. 1. Effective January 1, 1993.)
  185. 853.9.

    ## 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 5D. Filing Complaint After Citation [853.9- 853.9.] ( Chapter 5D added by Stats. 1963, Ch. 1569. )

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    This section lets a duplicate notice to appear serve as a complaint in certain cases, and it lets the defendant enter pleas or ask for a verified complaint in specified circumstances.

    ## 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 5D. Filing Complaint After Citation [853.9- 853.9.] ( Chapter 5D added by Stats. 1963, Ch. 1569. ) ## 853.9. (a) (1) If written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to Section 853.6, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead “guilty” or “nolo contendere.” (2) If the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than “guilty” or “nolo contendere” to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (b) Notwithstanding subdivision (a), if the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed. (c) If the notice to appear issued to and signed by the arrested person is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person. (Amended by Stats. 2016, Ch. 19, Sec. 1. (AB 1927) Effective January 1, 2017.)
  186. 854.

    ## 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 6. Retaking After an Escape or Rescue [854 - 855] ( Chapter 6 enacted 1872. )

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    If an arrested person escapes or is rescued, the custodian may immediately pursue and retake that person anywhere within 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 6. Retaking After an Escape or Rescue [854 - 855] ( Chapter 6 enacted 1872. ) ## 854. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the State. (Enacted 1872.)
  187. 855.

    ## 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 6. Retaking After an Escape or Rescue [854 - 855] ( Chapter 6 enacted 1872. )

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    A pursuer may break into a dwelling house’s outer or inner door or window to retake an escaping or rescued person, but only after giving notice and being refused admittance.

    ## 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 6. Retaking After an Escape or Rescue [854 - 855] ( Chapter 6 enacted 1872. ) ## 855. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling house, if, after notice of his intention, he is refused admittance. (Enacted 1872.)
  188. 858.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section requires the magistrate and court to inform defendants of key rights and military-status form options, and it requires filing and transmission steps when the form is submitted.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 858. (a) When the defendant first appears for arraignment on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the charge against him or her, and of his or her right to the aid of counsel in every stage of the proceedings. (b) If it appears that the defendant may be a minor, the magistrate shall ascertain whether that is the case, and if the magistrate concludes that it is probable that the defendant is a minor, and unless the defendant is a member of the Armed Forces of the United States and the offense charged is a misdemeanor, he or she shall immediately either notify the parent or guardian of the minor of the arrest or appoint counsel to represent the minor. (c) For the purposes of this section, the Judicial Council shall revise its military service form to include information explaining the rights under Section 1170.9 and related statutes of individuals who have active duty or veteran status and shall include a space for the local court to provide the contact information for the county veterans service office. For purposes of this section, “active duty or veteran status” includes active military duty service, reserve duty status, national guard service, and veteran status. (d) The court shall inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime. The court shall inform the defendant that if the defendant is on active duty in the United States military, or is a veteran of the United States military, the defendant may request a copy of the Judicial Council military form that explains those rights and may file that form with the court so that the defendant’s active duty or veteran status is on file with the court. The court shall advise the defendant that the defendant should consult with counsel prior to submitting the form and that the defendant may, without penalty, decline to provide this information to the court. (e) If the defendant acknowledges active duty or veteran status and submits the Judicial Council military service form to the court, the defendant shall file the form with the court and serve the form on the prosecuting attorney and defense counsel. The form may be used to assist in determining eligibility for services pursuant to Section 1170.9. The court shall transmit a copy of the form to the county veterans service officer for confirmation of the defendant’s military service. The court shall also transmit a copy of the form to the Department of Veterans Affairs. (Amended by Stats. 2014, Ch. 655, Sec. 1. (SB 1110) Effective January 1, 2015.)
  189. 858.5.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section lets a defendant in a misdemeanor Vehicle Code case tell the magistrate they want to plead guilty or nolo contendere, and it sets the steps for moving the case to a court for plea and sentencing.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 858.5. (a) In any case in which a defendant is, on his demand, brought before a magistrate pursuant to Section 822 after arrest for a misdemeanor Vehicle Code violation, the magistrate shall give such instructions to the defendant as required by law and inform the defendant of his rights under this section, and, if the defendant desires to plead guilty or nolo contendere to the charge in the complaint, he may so advise the magistrate. If the magistrate determines that such plea would be in the interest of justice, he shall direct the defendant to appear before a specified appropriate court in the county in which defendant has been arrested at a designated certain time, which in no case shall be more than 10 calendar days from the date of arrest, for plea and sentencing. The magistrate shall request the court in which the complaint has been filed to transmit a certified copy of the complaint and any citation and any factual report which may have been prepared by the law enforcement agency that investigated the case to the court in which defendant is to appear for plea and sentencing. If the court of which the request is made deems such action to be in the interest of justice, and the district attorney of the county in which that court sits, after notice from the court of the request it has received, does not object to such action, the court shall immediately transmit a certified copy of the complaint and the report of the law enforcement agency that investigated the case, and, if not, shall advise the requesting magistrate of its decision not to take such action. When defendant appears for plea and sentencing, and if a copy of the complaint has been transmitted, the court shall read the copy of the complaint to him, and the defendant may plead guilty or nolo contendere. Such court shall have jurisdiction to accept the plea and impose a sentence. Such court shall notify the court in which the complaint was originally filed of the disposition of the case. If defendant does not plead guilty or nolo contendere, or if transmittal of a copy of the complaint has been refused or if a copy of the complaint has not been received, the court shall terminate the proceedings under this section and shall direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a certain day which in no case shall be more than five days after the date such direction is made. (b) Any fines imposed by a court which is given authority to sentence pursuant to this section shall be remitted to the court in which the complaint was originally filed for disposition as required by law. The county of the sentencing court shall bear all costs incurred incident to acceptance of the plea and sentencing, and no part of such costs shall be deducted from the fine remitted to the court in which the complaint was filed. (Added by Stats. 1965, Ch. 947.)
  190. 858.7.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section lets a misdemeanor defendant serving a sentence ask to handle a pending misdemeanor Vehicle Code complaint in another county through the sentencing court, if the required courts and prosecutor agree.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 858.7. (a) In any case in which the defendant has been convicted of a misdemeanor and is serving a sentence as a result of such conviction and there has been filed and is pending in another county a complaint charging him with a misdemeanor Vehicle Code violation, the defendant may appear before the court that sentenced him, and a magistrate of that court shall give such instructions to the defendant as required by law and inform the defendant of his rights under this section, and, if the defendant desires to plead guilty or nolo contendere to the charge in the complaint, he may so advise the magistrate. If the magistrate determines that such plea would be in the interest of justice, he shall direct the defendant to appear before a specified appropriate court in the county in which defendant is serving his sentence at a designated certain time for plea and sentencing. The magistrate shall request the court in which the complaint has been filed to transmit a certified copy of the complaint and any citation and any factual report which may have been prepared by the law enforcement agency that investigated the case to the court in which defendant is to appear for plea and sentencing. If the court of which the request is made deems such action to be in the interest of justice, and the district attorney of the county in which that court sits, after notice from the court of the request it has received, does not object to such action, the court shall immediately transmit a certified copy of the complaint and any report of the law enforcement agency that investigated the case, and, if not, shall advise the requesting magistrate of its decision not to take such action. When defendant appears for plea and sentencing, and if a copy of the complaint has been transmitted, the court shall read the copy of the complaint to him, and the defendant may plead guilty or nolo contendere. Such court shall have jurisdiction to accept the plea and impose a sentence. Such court shall notify the court in which the complaint was originally filed of the disposition of the case. If defendant does not plead guilty or nolo contendere, or if transmittal of a copy of the complaint has been refused or if a copy of the complaint has not been received, the court shall terminate the proceedings under this section and shall direct the defendant to appear before the court in which the complaint was filed and is pending on or before a certain day. (b) (1) Any fines imposed by a court which is given authority to sentence pursuant to this section shall be remitted to the court in which the complaint was originally filed for disposition as required by law. Except as otherwise provided in paragraph (2) of this subdivision, the county of the sentencing court shall bear all costs incurred incident to acceptance of the plea and sentencing, and no part of such costs shall be deducted from the fine remitted to the court in which the complaint was filed. (2) In any case in which a defendant is sentenced to imprisonment pursuant to this section, and as a result of such sentence he is required to be imprisoned for a time in addition to, and not concurrent with, the time he is imprisoned as a result of the sentence he is otherwise serving, the county in which the complaint was originally filed shall bear the cost of such additional time of imprisonment that the defendant is required to serve. Such cost may be deducted from any fine required to be remitted pursuant to paragraph (1) of this subdivision to the court in which the complaint was originally filed. (c) As used in this section, “complaint” includes, but is not limited to, a notice to appear which is within the provisions of Section 40513 of the Vehicle Code. (Added by Stats. 1968, Ch. 973.)
  191. 859.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If a felony complaint is on file, the defendant must be brought before a magistrate promptly, given a copy of the complaint, told about counsel, and allowed time to get counsel; special counsel and notice rules apply in capital cases and possible-minor cases.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 859. When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within the county in which the felony is triable, he or she shall, without unnecessary delay, be taken before a magistrate of the court in which the complaint is on file. The magistrate shall immediately deliver to the defendant a copy of the complaint, inform the defendant that he or she has the right to have the assistance of counsel, ask the defendant if he or she desires the assistance of counsel, and allow the defendant reasonable time to send for counsel. However, in a capital case, the court shall inform the defendant that the defendant must be represented in court by counsel at all stages of the preliminary and trial proceedings and that the representation will be at the defendant’s expense if the defendant is able to employ counsel or at public expense if he or she is unable to employ counsel, inquire of him or her whether he or she is able to employ counsel and, if so, whether the defendant desires to employ counsel of the defendant’s choice or to have counsel assigned for him or her, and allow the defendant a reasonable time to send for his or her chosen or assigned counsel. If the defendant desires and is unable to employ counsel, the court shall assign counsel to defend him or her; in a capital case, if the defendant is able to employ counsel and either refuses to employ counsel or appears without counsel after having had a reasonable time to employ counsel, the court shall assign counsel to defend him or her. If it appears that the defendant may be a minor, the magistrate shall ascertain whether that is the case, and if the magistrate concludes that it is probable that the defendant is a minor, he or she shall immediately either notify the parent or guardian of the minor, by telephone or messenger, of the arrest, or appoint counsel to represent the minor. (Amended by Stats. 1998, Ch. 931, Sec. 368. Effective September 28, 1998. Note: This section was added on June 5, 1990, by initiative Prop. 115.)
  192. 859.1.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    In certain criminal cases, the court must hold a hearing on whether testimony about a minor or dependent person should be closed to the public.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 859.1. (a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.8 on a minor under the age of 16 years, or a dependent person with a substantial cognitive impairment, as defined in paragraph (3) of subdivision (f) of Section 288, the court shall, upon motion of the prosecuting attorney, conduct a hearing to determine whether the testimony of, and testimony relating to, a minor or dependent person shall be closed to the public in order to protect the minor’s or the dependent person’s reputation. (b) In making this determination, the court shall consider all of the following: (1) The nature and seriousness of the offense. (2) The age of the minor, or the level of cognitive development of the dependent person. (3) The extent to which the size of the community would preclude the anonymity of the victim. (4) The likelihood of public opprobrium due to the status of the victim. (5) Whether there is an overriding public interest in having an open hearing. (6) Whether the prosecution has demonstrated a substantial probability that the identity of the witness would otherwise be disclosed to the public during that proceeding, and demonstrated a substantial probability that the disclosure of his or her identity would cause serious harm to the witness. (7) Whether the witness has disclosed information concerning the case to the public through press conferences, public meetings, or other means. (8) Other factors the court may deem necessary to protect the interests of justice. (Amended by Stats. 2004, Ch. 823, Sec. 11. Effective January 1, 2005.)
  193. 859.5.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    Custodial interrogations of suspected murder suspects in a fixed place of detention must generally be electronically recorded.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 859.5. (a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention, and suspected of committing murder, as listed in Section 187 or 189 of this code, or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code, shall be electronically recorded in its entirety. A statement that is electronically recorded as required pursuant to this section creates a rebuttable presumption that the electronically recorded statement was, in fact, given and was accurately recorded by the prosecution’s witnesses, provided that the electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible. (b) The requirement for the electronic recordation of a custodial interrogation pursuant to this section shall not apply under any of the following circumstances: (1) Electronic recording is not feasible because of exigent circumstances. An explanation of the exigent circumstances shall be documented in the police report. (2) The person to be interrogated states that he or she will speak to a law enforcement officer only if the interrogation is not electronically recorded. If feasible, that statement shall be electronically recorded. The requirement also does not apply if the person being interrogated indicates during interrogation that he or she will not participate in further interrogation unless electronic recording ceases. If the person being interrogated refuses to record any statement, the officer shall document that refusal in writing. (3) The custodial interrogation occurred in another jurisdiction and was conducted by law enforcement officers of that jurisdiction in compliance with the law of that jurisdiction, unless the interrogation was conducted with intent to avoid the requirements of this section. (4) The interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed murder for which this section requires that a custodial interrogation be recorded. If during a custodial interrogation, the individual reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that murder has been committed, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. (5) A law enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. An explanation of the circumstances shall be documented in the police report. (6) The failure to create an electronic recording of the entire custodial interrogation was the result of a malfunction of the recording device, despite reasonable maintenance of the equipment, and timely repair or replacement was not feasible. (7) The questions presented to a person by law enforcement personnel and the person’s responsive statements were part of a routine processing or booking of that person. Electronic recording is not required for spontaneous statements made in response to questions asked during the routine processing of the arrest of the person. (8) The interrogation of a person who is in custody on a charge of a violation of Section 187 or 189 of this code or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code if the interrogation is not related to any of these offenses. If, during the interrogation, any information concerning one of these offenses is raised or mentioned, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. (c) If the prosecution relies on an exception in subdivision (b) to justify a failure to make an electronic recording of a custodial interrogation, the prosecution shall show by clear and convincing evidence that the exception applies. (d) A person’s statements that were not electronically recorded pursuant to this section may be admitted into evidence in a criminal proceeding or in a juvenile court proceeding, as applicable, if the court finds that all of the following apply: (1) The statements are admissible under applicable rules of evidence. (2) The prosecution has proven by clear and convincing evidence that the statements were made voluntarily. (3) Law enforcement personnel made a contemporaneous audio or audio and visual recording of the reason for not making an electronic recording of the statements. This provision does not apply if it was not feasible for law enforcement personnel to make that recording. (4) The prosecution has proven by clear and convincing evidence that one or more of the circumstances described in subdivision (b) existed at the time of the custodial interrogation. (e) Unless the court finds that an exception in subdivision (b) applies, all of the following remedies shall be granted as relief for noncompliance: (1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of a defendant made during or after a custodial interrogation. (2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that a defendant’s statement was involuntary or is unreliable, provided the evidence is otherwise admissible. (3) If the court finds that a defendant was subject to a custodial interrogation in violation of subdivision (a), the court shall provide the jury with an instruction, to be developed by the Judicial Council, that advises the jury to view with caution the statements made in that custodial interrogation. (f) The interrogating entity shall maintain the original or an exact copy of an electronic recording made of a custodial interrogation until a conviction for any offense relating to the interrogation is final and all direct and habeas corpus appeals are exhausted or the prosecution for that offense is barred by law or, in a juvenile court proceeding, as otherwise provided in subdivision (b) of Section 626.8 of the Welfare and Institutions Code. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format. (g) For the purposes of this section, the following terms have the following meanings: (1) “Custodial interrogation” means any interrogation in a fixed place of detention involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject’s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning has completely finished. (2) (A) For the purposes of the custodial interrogation of a minor, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video recording that accurately records a custodial interrogation. (B) For the purposes of the custodial interrogation of an adult, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video or audio recording that accurately records a custodial interrogation. The Legislature encourages law enforcement agencies to use video recording when available. (3) “Fixed place of detention” means a fixed location under the control of a law enforcement agency where an individual is held in detention in connection with a criminal offense that has been, or may be, filed against that person, including a jail, police or sheriff’s station, holding cell, correctional or detention facility, juvenile hall, or a facility of the Division of Juvenile Facilities. (4) “Law enforcement officer” means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person. (Amended by Stats. 2016, Ch. 791, Sec. 2. (SB 1389) Effective January 1, 2017.)
  194. 859.7.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    Law enforcement and prosecutors must adopt lineup regulations, and eyewitness identification procedures must follow detailed reliability safeguards.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 859.7. (a) All law enforcement agencies and prosecutorial entities shall adopt regulations for conducting photo lineups and live lineups with eyewitnesses. The regulations shall be developed to ensure reliable and accurate suspect identifications. In order to ensure reliability and accuracy, the regulations shall comply with, at a minimum, the following requirements: (1) Prior to conducting the identification procedure, and as close in time to the incident as possible, the eyewitness shall provide the description of the perpetrator of the offense. (2) The investigator conducting the identification procedure shall use blind administration or blinded administration during the identification procedure. (3) The investigator shall state in writing the reason that the presentation of the lineup was not conducted using blind administration, if applicable. (4) An eyewitness shall be instructed of the following, prior to any identification procedure: (A) The perpetrator may or may not be among the persons in the identification procedure. (B) The eyewitness should not feel compelled to make an identification. (C) An identification or failure to make an identification will not end the investigation. (5) An identification procedure shall be composed so that the fillers generally fit the eyewitness’ description of the perpetrator. In the case of a photo lineup, the photograph of the person suspected as the perpetrator should, if practicable, resemble his or her appearance at the time of the offense and not unduly stand out. (6) In a photo lineup, writings or information concerning any previous arrest of the person suspected as the perpetrator shall not be visible to the eyewitness. (7) Only one suspected perpetrator shall be included in any identification procedure. (8) All eyewitnesses shall be separated when viewing an identification procedure. (9) Nothing shall be said to the eyewitness that might influence the eyewitness’ identification of the person suspected as the perpetrator. (10) If the eyewitness identifies a person he or she believes to be the perpetrator, all of the following shall apply: (A) The investigator shall immediately inquire as to the eyewitness’ confidence level in the accuracy of the identification and record in writing, verbatim, what the eyewitness says. (B) Information concerning the identified person shall not be given to the eyewitness prior to obtaining the eyewitness’ statement of confidence level and documenting the exact words of the eyewitness. (C) The officer shall not validate or invalidate the eyewitness’ identification. (11) An electronic recording shall be made that includes both audio and visual representations of the identification procedures. Whether it is feasible to make a recording with both audio and visual representations shall be determined on a case-by-case basis. When it is not feasible to make a recording with both audio and visual representations, audio recording may be used. When audio recording without video recording is used, the investigator shall state in writing the reason that video recording was not feasible. (b) Nothing in this section is intended to affect policies for field show up procedures. (c) For purposes of this section, the following terms have the following meanings: (1) “Blind administration” means the administrator of an eyewitness identification procedure does not know the identity of the suspect. (2) “Blinded administration” means the administrator of an eyewitness identification procedure may know who the suspect is, but does not know where the suspect, or his or her photo, as applicable, has been placed or positioned in the identification procedure through the use of any of the following: (A) An automated computer program that prevents the administrator from seeing which photos the eyewitness is viewing until after the identification procedure is completed. (B) The folder shuffle method, which refers to a system for conducting a photo lineup by placing photographs in folders, randomly numbering the folders, shuffling the folders, and then presenting the folders sequentially so that the administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed. (C) Any other procedure that achieves neutral administration and prevents the lineup administrator from knowing where the suspect or his or her photo, as applicable, has been placed or positioned in the identification procedure. (3) “Eyewitness” means a person whose identification of another person may be relevant in a criminal investigation. (4) “Field show up” means a procedure in which a suspect is detained shortly after the commission of a crime and who, based on his or her appearance, his or her distance from the crime scene, or other circumstantial evidence, is suspected of having just committed a crime. In these situations, the victim or an eyewitness is brought to the scene of the detention and is asked if the detainee was the perpetrator. (5) “Filler” means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure. (6) “Identification procedure” means either a photo lineup or a live lineup. (7) “Investigator” means the person conducting the identification procedure. (8) “Live lineup” means a procedure in which a group of persons, including the person suspected as the perpetrator of an offense and other persons not suspected of the offense, are displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator. (9) “Photo lineup” means a procedure in which an array of photographs, including a photograph of the person suspected as the perpetrator of an offense and additional photographs of other persons not suspected of the offense, are displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator. (d) Nothing in this section is intended to preclude the admissibility of any relevant evidence or to affect the standards governing the admissibility of evidence under the United States Constitution. (e) This section shall become operative on January 1, 2020. (Added by Stats. 2018, Ch. 977, Sec. 2. (SB 923) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  195. 859a

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    When counsel appears for a defendant charged with a qualifying felony, the magistrate must read the complaint, ask for a plea, and handle the case steps that follow.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 859a. (a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant read the complaint to the defendant and ask him or her whether he or she pleads guilty or not guilty to the offense charged therein and to a previous conviction or convictions of crime if charged. While the charge remains pending before the magistrate and when the defendant’s counsel is present, the defendant may plead guilty to the offense charged, or, with the consent of the magistrate and the district attorney or other counsel for the people, plead nolo contendere to the offense charged or plead guilty or nolo contendere to any other offense the commission of which is necessarily included in that with which he or she is charged, or to an attempt to commit the offense charged and to the previous conviction or convictions of crime if charged upon a plea of guilty or nolo contendere. The magistrate may then fix a reasonable bail as provided by this code, and upon failure to deposit the bail or surety, shall immediately commit the defendant to the sheriff. Upon accepting the plea of guilty or nolo contendere the magistrate shall certify the case, including a copy of all proceedings therein and any testimony that in his or her discretion he or she may require to be taken, to the court in which judgment is to be pronounced at the time specified under subdivision (b), and thereupon the proceedings shall be had as if the defendant had pleaded guilty in that court. This subdivision shall not be construed to authorize the receiving of a plea of guilty or nolo contendere from any defendant not represented by counsel. If the defendant subsequently files a written motion to withdraw the plea under Section 1018, the motion shall be heard and determined by the court before which the plea was entered. (b) Notwithstanding Section 1191 or 1203, the magistrate shall, upon the receipt of a plea of guilty or nolo contendere and upon the performance of the other duties of the magistrate under this section, immediately appoint a time for pronouncing judgment in the superior court and refer the case to the probation officer if eligible for probation, as prescribed in Section 1191. (Amended by Stats. 2002, Ch. 784, Sec. 533. Effective January 1, 2003.)
  196. 859b

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section requires the magistrate to set the preliminary examination time, give at least two days for preparation, and issue subpoenas for in-state witnesses when needed. It also gives the defendant and the people a right to a prompt preliminary examination, with specific 10-court-day and 60-day limits and dismissal or release consequences in some cases.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 859b. At the time the defendant appears before the magistrate for arraignment, if the public offense is a felony to which the defendant has not pleaded guilty in accordance with Section 859a, the magistrate, immediately upon the appearance of counsel, or if none appears, after waiting a reasonable time therefor as provided in Section 859, shall set a time for the examination of the case and shall allow not less than two days, excluding Sundays and holidays, for the district attorney and the defendant to prepare for the examination. The magistrate shall also issue subpoenas, duly subscribed, for witnesses within the state, required either by the prosecution or the defense. Both the defendant and the people have the right to a preliminary examination at the earliest possible time, and unless both waive that right or good cause for a continuance is found as provided for in Section 1050, the preliminary examination shall be held within 10 court days of the date the defendant is arraigned or pleads, whichever occurs later, or within 10 court days of the date criminal proceedings are reinstated pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2. Whenever the defendant is in custody, the magistrate shall dismiss the complaint if the preliminary examination is set or continued beyond 10 court days from the time of the arraignment, plea, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, and the defendant has remained in custody for 10 or more court days solely on that complaint, unless either of the following occur: (a) The defendant personally waives his or her right to preliminary examination within the 10 court days. (b) The prosecution establishes good cause for a continuance beyond the 10-court-day period. For purposes of this subdivision, “good cause” includes, but is not limited to, those cases involving allegations that a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or in Section 11165.6 has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. Any continuance under this paragraph shall be limited to a maximum of three additional court days. If the preliminary examination is set or continued beyond the 10-court-day period, the defendant shall be released pursuant to Section 1318 unless: (1) The defendant requests the setting of continuance of the preliminary examination beyond the 10-court-day period. (2) The defendant is charged with a capital offense in a cause where the proof is evident and the presumption great. (3) A witness necessary for the preliminary examination is unavailable due to the actions of the defendant. (4) The illness of counsel. (5) The unexpected engagement of counsel in a jury trial. (6) Unforeseen conflicts of interest which require appointment of new counsel. The magistrate shall dismiss the complaint if the preliminary examination is set or continued more than 60 days from the date of the arraignment, plea, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, unless the defendant personally waives his or her right to a preliminary examination within the 60 days. (Amended by Stats. 1996, Ch. 122, Sec. 1. Effective January 1, 1997.)
  197. 859c

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A superior court judge other than the one who made the original ruling or order must handle certain superior court review procedures, unless the parties agree otherwise.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 859c. Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties. (Added by Stats. 1998, Ch. 931, Sec. 370. Effective September 28, 1998.)
  198. 86.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER [85 - 88] ( Title 6 enacted 1872. )

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    Legislators and certain local legislative members may not take or trade votes for bribes; violations are punishable by prison and restitution fines.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER [85 - 88] ( Title 6 enacted 1872. ) ## 86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, 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 four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) 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 four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater. In imposing a fine under this section, the court shall consider the defendant’s ability to pay the fine. (Amended by Stats. 2014, Ch. 881, Sec. 2. (AB 1666) Effective January 1, 2015.)
  199. 860.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If counsel is needed in a qualifying felony case, the magistrate must allow time to get counsel and then proceed with the examination; if counsel is waived by a represented defendant, the magistrate must order the defendant to answer and the district attorney must file the information within 15 days.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 860. At the time set for the examination of the case, if the public offense is a felony punishable with death, or is a felony to which the defendant has not pleaded guilty in accordance with Section 859a of this code, then, if the defendant requires the aid of counsel, the magistrate must allow the defendant a reasonable time to send for counsel, and may postpone the examination for not less than two nor more than five days for that purpose. The magistrate must, immediately after the appearance of counsel, or if, after waiting a reasonable time therefor, none appears, proceed to examine the case; provided, however, that a defendant represented by counsel may when brought before the magistrate as provided in Section 858 or at any time subsequent thereto, waive the right to an examination before such magistrate, and thereupon it shall be the duty of the magistrate to make an order holding the defendant to answer, and it shall be the duty of the district attorney within 15 days thereafter, to file in the superior court of the county in which the offense is triable the information; provided, further, however, that nothing contained herein shall prevent the district attorney nor the magistrate from requiring that an examination be held as provided in this chapter. (Amended by Stats. 1998, Ch. 931, Sec. 371. Effective September 28, 1998.)
  200. 861.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    The magistrate must keep the preliminary examination to one session unless good cause supports a postponement, and postponements are tightly limited.

    ## 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 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 861. (a) The preliminary examination shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by affidavit, postpones it. The postponement shall not be for more than 10 court days, unless either of the following occur: (1) The defendant personally waives his or her right to a continuous preliminary examination. (2) The prosecution establishes good cause for a postponement beyond the 10-court-day period. If the magistrate postpones the preliminary examination beyond the 10-court-day period, and the defendant is in custody, the defendant shall be released pursuant to subdivision (b) of Section 859b. (b) The preliminary examination shall not be postponed beyond 60 days from the date the motion to postpone the examination is granted, unless by consent or on motion of the defendant. (c) Nothing in this section shall preclude the magistrate from interrupting the preliminary examination to conduct brief court matters so long as a substantial majority of the court’s time is devoted to the preliminary examination. (d) A request for a continuance of the preliminary examination that is made by the defendant or his or her attorney of record for the purpose of filing a motion pursuant to paragraph (2) of subdivision (f) of Section 1538.5 shall be deemed a personal waiver of the defendant’s right to a continuous preliminary examination. (Amended by Stats. 1997, Ch. 279, Sec. 2. Effective January 1, 1998.)

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