Penal Code — Part 3 | PEN — United States — California law | Esheria

Penal Code

Part 3 of 29 · provisions 401–600

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

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  1. 11204.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )

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    If a nuisance is proven in an action under this article, the court must include an abatement order in the judgment.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11204. If the existence of a nuisance is established in an action as provided in this article, an order of abatement shall be entered as part of the judgment in the case, and plaintiff’s costs in such action are a lien upon the building and place, enforceable and collectible by execution issued by order of the court. (Added by Stats. 1953, Ch. 35.)
  2. 11205.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )

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    Violating or disobeying an injunction or order in this article can be punished as contempt of court, with a fine, jail time, or both.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11205. Any violation or disobedience of an injunction or order expressly provided for in this article is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one nor more than six months, or by both. (Added by Stats. 1953, Ch. 35.)
  3. 11206.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )

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    A fine imposed on the owner of a building or place can become a lien on that property, up to the owner’s interest in it, and can be enforced by court-ordered execution.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11206. Whenever the owner of a building or place upon which an act or acts constituting a contempt as defined in this article has been committed is guilty of a contempt of court, and is fined therefor in any proceedings under this article, the fine is a lien upon such building and place to the extent of the interest of such person therein, enforceable and collectible by execution issued by order of the court. (Added by Stats. 1953, Ch. 35.)
  4. 11207.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. )

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    This article defines “person” to include individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents, and assignees.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 1. Unlawful Liquor Sale Abatement Law [11200 - 11207] ( Article 1 added by Stats. 1953, Ch. 35. ) ## 11207. “Person,” as used in this article, means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. (Amended by Stats. 1994, Ch. 1010, Sec. 199. Effective January 1, 1995.)
  5. 1121.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    The court may let jurors separate or keep them with a proper officer, and if they separate the court must admonish them.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1121. The jurors sworn to try an action may, in the discretion of the court, be permitted to separate or be kept in charge of a proper officer. Where the jurors are permitted to separate, the court shall properly admonish them. Where the jurors are kept in charge of a proper officer, the officer must be sworn to keep the jurors together until the next meeting of the court, to suffer no person to speak to them or communicate with them, nor to do so himself, on any subject connected with the trial, and to return them into court at the next meeting thereof. (Amended by Stats. 1969, Ch. 520.)
  6. 1122.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    The court must instruct jurors on trial conduct, and jurors must not research, discuss, or share information about the case.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1122. (a) After the jury has been sworn and before the people’s opening address, the court shall instruct the jury generally concerning its basic functions, duties, and conduct. The instructions shall include, among other matters, all of the following admonitions: (1) That the jurors shall not converse among themselves, or with anyone else, conduct research, or disseminate information on any subject connected with the trial. The court shall clearly explain, as part of the admonishment, that the prohibition on conversation, research, and dissemination of information applies to all forms of electronic and wireless communication. (2) That they shall not read or listen to any accounts or discussions of the case reported by newspapers or other news media. (3) That they shall not visit or view the premises or place where the offense or offenses charged were allegedly committed or any other premises or place involved in the case. (4) That prior to, and within 90 days of, discharge, they shall not request, accept, agree to accept, or discuss with any person receiving or accepting, any payment or benefit in consideration for supplying any information concerning the trial. (5) That they shall promptly report to the court any incident within their knowledge involving an attempt by any person to improperly influence any member of the jury. (b) The jury shall also, at each adjournment of the court before the submission of the cause to the jury, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to conduct research, disseminate information, or converse among themselves, or with anyone else, on any subject connected with the trial, or to form or express any opinion about the case until the cause is finally submitted to them. The court shall clearly explain, as part of the admonishment, that the prohibition on research, dissemination of information, and conversation applies to all forms of electronic and wireless communication. (Amended by Stats. 2011, Ch. 181, Sec. 5. (AB 141) Effective January 1, 2012.)
  7. 1122.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    The court may warn jurors at adjournments not to take payment or other consideration for giving information about the trial, and jurors may face contempt of court for doing so before discharge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1122.5. (a) The court, in its discretion, may, at each adjournment of the court before the submission of the cause to the jury, admonish the jury, whether permitted to be separate or kept in charge of officers, that, on pain of contempt of court, no juror shall, prior to discharge, accept, agree to accept, or benefit, directly or indirectly, from any payment or other consideration for supplying any information concerning the trial. (b) In enacting this section, the Legislature recognizes that the appearance of justice, and justice itself, may be undermined by any juror who, prior to discharge, accepts, agrees to accept, or benefits from valuable consideration for providing information concerning a criminal trial. (Amended by Stats. 1995, Ch. 91, Sec. 128. Effective January 1, 1996.)
  8. 11225.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    Certain buildings or places used for illegal gambling, human trafficking, or specified bathhouse conduct are treated as nuisances and may be enjoined, abated, prevented, and subject to damages.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11225. (a) (1) Every building or place used for the purpose of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution, and every building or place in or upon which acts of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution, are held or occur, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. (2) Nothing in this subdivision shall be construed to apply the definition of a nuisance to a private residence where illegal gambling is conducted on an intermittent basis and without the purpose of producing profit for the owner or occupier of the premises. (b) (1) Notwithstanding any other law, every building or place used for the purpose of human trafficking, and every building or place in or upon which acts of human trafficking are held or occur, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. (2) For purposes of this subdivision, human trafficking is defined in Section 236.1. (c) (1) Every building or place used as a bathhouse which as a primary activity encourages or permits conduct that according to the guidelines of the federal Centers for Disease Control and Prevention can transmit AIDS, including, but not limited to, anal intercourse, oral copulation, or vaginal intercourse, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. (2) For purposes of this subdivision, a “bathhouse” means a business which, as its primary purpose, provides facilities for a spa, whirlpool, communal bath, sauna, steam bath, mineral bath, mud bath, or facilities for swimming. (Amended by Stats. 2012, Ch. 254, Sec. 2. (AB 2212) Effective January 1, 2013.)
  9. 11226.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    If a nuisance covered by this article is believed to exist in a county, specified public attorneys or a resident citizen may bring an equity action to abate it and seek a permanent injunction; complaints must be verified unless filed by certain public attorneys.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11226. (a) If there is reason to believe that a nuisance, as defined in this article, is kept, maintained, or is in existence in any county, the district attorney or county counsel, in the name of the people of the State of California, or the city attorney of an incorporated city or any city and county may, or any citizen of the state resident within the county in their own name may, maintain an action in equity to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee, or agent of the building or place, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting it. (b) The complaint in the action shall be verified unless filed by the district attorney, county counsel, or the city attorney. (Amended by Stats. 2024, Ch. 495, Sec. 11. (SB 1518) Effective January 1, 2025.)
  10. 11227.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    If a nuisance is proven in an action under this article, the court or judge must allow a temporary restraining order or injunction. The property owner must also notify prospective buyers or lessees about the order before selling or leasing, and the order does not count as a title defect, lien, or encumbrance.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11227. (a) Whenever the existence of a nuisance is shown in an action brought under this article to the satisfaction of the court or judge thereof, either by verified complaint or affidavit, the court or judge shall allow a temporary restraining order or injunction to abate and prevent the continuance or recurrence of the nuisance. (b) A temporary restraining order or injunction may enjoin subsequent owners, commercial lessees, or agents who acquire the building or place where the nuisance exists with notice of the order or injunction, specifying that the owner of the property subject to the temporary restraining order or injunction shall notify any prospective purchaser, commercial lessee, or other successor in interest of the existence of the order or injunction, and of its application to successors in interest, prior to entering into any agreement to sell or lease the property. The temporary restraining order or injunction shall not constitute a title defect, lien, or encumbrance on the real property. (Amended by Stats. 2002, Ch. 1057, Sec. 6. Effective January 1, 2003.)
  11. 11228.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    Citizen-filed nuisance actions get priority, and they cannot be dismissed for lack of prosecution unless a sworn statement explains why and the court orders dismissal.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11228. Actions brought under this article have precedence over all actions, excepting criminal proceedings, election contests and hearings on injunctions, and in such actions evidence of the general reputation of a place is admissible for the purpose of proving the existence of a nuisance. If the complaint is filed by a citizen, it shall not be dismissed by the plaintiff or for want of prosecution except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting thereto for the plaintiff. If the action is brought by a citizen and the court finds there was no reasonable ground or cause therefor, the costs shall be taxed against such citizen. (Added by Stats. 1953, Ch. 35.)
  12. 11229.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    Violating or disobeying an injunction or order under this article can be punished as contempt of court.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11229. Any violation or disobedience of an injunction or order expressly provided for by this article is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for not less than one nor more than six months, or by both. (Added by Stats. 1953, Ch. 35.)
  13. 11230.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    If a nuisance is proven in an action under this article, the court must enter an abatement order and may close the premises, order removal and sale of property, and impose a civil penalty.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11230. (a) (1) If the existence of a nuisance is established in an action as provided in this article, an order of abatement shall be entered as a part of the judgment in the case, directing the removal from the building or place of all fixtures, musical instruments and movable property used in conducting, maintaining, aiding, or abetting the nuisance, and directing the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and that it be kept closed for a period of one year, unless sooner released. If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is responsible for the existence of the nuisance to pay damages in an amount equal to the fair market rental value of the building or place for one year to the city or county in whose jurisdiction the nuisance is located. The actual amount of rent being received for the rental of the building or place, or the existence of any vacancy therein, may be considered, but shall not be the sole determinant of the fair market rental value. Expert testimony may be used to determine the fair market rental value. (2) While the order remains in effect as to closing, the building or place is and shall remain in the custody of the court. (3) For removing and selling the movable property, the officer is entitled to charge and receive the same fees as he or she would for levying upon and selling like property on execution. (4) For closing the premises and keeping them closed, a reasonable sum shall be allowed by the court. (b) The court may assess a civil penalty not to exceed twenty-five thousand dollars ($25,000) against any and all of the defendants, based upon the severity of the nuisance and its duration. (c) Except as otherwise specified by subdivision (d), one-half of the civil penalties collected pursuant to this section shall be deposited in the Restitution Fund in the State Treasury, the proceeds of which shall be available for appropriation by the Legislature to indemnify persons filing claims pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, and one-half of the civil penalties collected shall be paid to the city in which the judgment was entered, if the action was brought by the city attorney or city prosecutor. If the action was brought by a district attorney, one-half of the civil penalties collected shall be paid to the treasurer of the county in which the judgment was entered. (d) In cases involving human trafficking, one-half of the civil penalties collected pursuant to this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation by the Legislature to the California Emergency Management Agency to fund grants for human trafficking victim services and prevention programs provided by community-based organizations. The community-based organizations shall have trained human trafficking caseworkers, as defined by Section 1038.2 of the Evidence Code. The other one-half of the civil penalties shall be paid to the city in which judgment was entered, if the action was brought by a city attorney or city prosecutor. If the action was brought by a district attorney, the one-half of the civil penalty shall, instead, be paid to the treasurer of the county in which judgment was entered. (Amended by Stats. 2012, Ch. 254, Sec. 3. (AB 2212) Effective January 1, 2013.)
  14. 11231.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    Sale proceeds must be used first to cover removal, sale, closing, and plaintiff’s costs, with any leftover paid to the owner.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11231. The proceeds of the sale of the property, as provided in Section 11230, shall be applied as follows: 1. To the fees and costs of removal and sale; 2. To the allowances and costs of closing and keeping closed the building or place; 3. To the payment of plaintiff’s costs in the action; 4. The balance, if any, shall be paid to the owner of the property so sold. If the proceeds of the sale do not fully discharge all such costs, fees and allowances, the building and place shall also be sold under execution issued upon the order of the court or judge and the proceeds of such sale applied in like manner. (Added by Stats. 1953, Ch. 35.)
  15. 11232.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    A court may release closed premises to the owner if the owner is not in contempt, pays liened costs and fees, and files a bond for the property’s full value.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11232. If the owner of the building or place is not guilty of any contempt of court in the proceedings, and appears and pays all costs, fees and allowances which are a lien on the building or place and files a bond in the full value of the property, to be ascertained by the court, conditioned that the owner will immediately abate any nuisance that may exist at the building or place and prevent the nuisance from being established or kept thereat within a period of one year thereafter, the court, or judge thereof, may, if satisfied of the owner’s good faith, order the premises closed under the order of abatement, to be delivered to the owner, and the order of abatement canceled so far as the order relates to the property. The release of the property under the provisions of this section does not release it from any judgment, lien, penalty or liability to which it may be subject by law. (Amended by Stats. 1982, Ch. 517, Sec. 320.)
  16. 11233.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    If an owner’s building or place is involved in a contempt under this article and the owner is fined, the fine becomes a lien on that property interest and may be enforced by court-ordered execution.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11233. Whenever the owner of a building or place upon which an act or acts constituting a contempt as defined in this article has been committed, is guilty of a contempt of court and fined therefor under this article, the fine shall be a lien upon the building and place to the extent of the interest of such person therein, enforceable and collectible by execution issued by the order of the court. (Added by Stats. 1953, Ch. 35.)
  17. 11234.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    This article defines “person” to include individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents, and assignees.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11234. “Person” as used in this article means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. (Amended by Stats. 1994, Ch. 1010, Sec. 200. Effective January 1, 1995.)
  18. 11235.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. )

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    This article defines “building” as any part of a building or structure that can be entered through the same outside entrance.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 2. Red Light Abatement Law [11225 - 11235] ( Article 2 added by Stats. 1953, Ch. 35. ) ## 11235. “Building” as used in this article means so much of any building or structure of any kind as is or may be entered through the same outside entrance. (Added by Stats. 1953, Ch. 35.)
  19. 1124.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

    Verify source ↗

    The court must decide all questions of law that arise during a trial.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1124. The Court must decide all questions of law which arise in the course of a trial. (Enacted 1872.)
  20. 1126.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    In a trial for any offense, the court decides questions of law and the jury decides questions of fact.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1126. In a trial for any offense, questions of law are to be decided by the court, and questions of fact by the jury. Although the jury has the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court. (Amended by Stats. 2008, Ch. 699, Sec. 12. Effective January 1, 2009.)
  21. 1127.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    The court must handle jury instructions in writing unless an oral exception applies, and it must tell the jury it decides the facts and witness credibility.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127. All instructions given shall be in writing, unless there is a phonographic reporter present and he takes them down, in which case they may be given orally; provided however, that in all misdemeanor cases oral instructions may be given pursuant to stipulation of the prosecuting attorney and counsel for the defendant. In charging the jury the court may instruct the jury regarding the law applicable to the facts of the case, and may make such comment on the evidence and the testimony and credibility of any witness as in its opinion is necessary for the proper determination of the case and in any criminal case, whether the defendant testifies or not, his failure to explain or to deny by his testimony any evidence or facts in the case against him may be commented upon by the court. The court shall inform the jury in all cases that the jurors are the exclusive judges of all questions of fact submitted to them and of the credibility of the witnesses. Either party may present to the court any written charge on the law, but not with respect to matters of fact, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must endorse and sign its decision and a statement showing which party requested it. If part be given and part refused, the court must distinguish, showing by the endorsement what part of the charge was given and what part refused. (Amended by Stats. 1951, Ch. 1674.)
  22. 1127a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    This section defines an in-custody informant and requires a jury caution instruction plus disclosure of any promised or received consideration when the prosecution uses such a witness.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127a. (a) As used in this section, an “in-custody informant” means a person, other than a codefendant, percipient witness, accomplice, or coconspirator whose testimony is based upon statements made by the defendant while both the defendant and the informant are held within a correctional institution. (b) In any criminal trial or proceeding in which an in-custody informant testifies as a witness, upon the request of a party, the court shall instruct the jury as follows: “The testimony of an in-custody informant should be viewed with caution and close scrutiny. In evaluating such testimony, you should consider the extent to which it may have been influenced by the receipt of, or expectation of, any benefits from the party calling that witness. This does not mean that you may arbitrarily disregard such testimony, but you should give it the weight to which you find it to be entitled in the light of all the evidence in the case.” (c) When the prosecution calls an in-custody informant as a witness in any criminal trial, contemporaneous with the calling of that witness, the prosecution shall file with the court a written statement setting out any and all consideration promised to, or received by, the in-custody informant. The statement filed with the court shall not expand or limit the defendant’s right to discover information that is otherwise provided by law. The statement shall be provided to the defendant or the defendant’s attorney prior to trial and the information contained in the statement shall be subject to rules of evidence. (d) For purposes of subdivision (c), “consideration” means any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, benefit, immunity, financial assistance, reward, or amelioration of current or future conditions of incarceration in return for, or in connection with, the informant’s testimony in the criminal proceeding in which the prosecutor intends to call him or her as a witness. (Added by Stats. 1989, Ch. 901, Sec. 1.)
  23. 1127b

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    In criminal trials, the court must give the jury a standard instruction about expert opinion evidence.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127b. When, in any criminal trial or proceeding, the opinion of any expert witness is received in evidence, the court shall instruct the jury substantially as follows: Duly qualified experts may give their opinions on questions in controversy at a trial. To assist the jury in deciding such questions, the jury may consider the opinion with the reasons stated therefor, if any, by the expert who gives the opinion. The jury is not bound to accept the opinion of any expert as conclusive, but should give to it the weight to which they shall find it to be entitled. The jury may, however, disregard any such opinion, if it shall be found by them to be unreasonable. No further instruction on the subject of opinion evidence need be given. (Added by Stats. 1929, Ch. 876.)
  24. 1127c

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    If flight evidence is used to suggest guilt in a criminal trial, the court must give the jury the specified instruction, and it need not give any further instruction on flight.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127c. In any criminal trial or proceeding where evidence of flight of a defendant is relied upon as tending to show guilt, the court shall instruct the jury substantially as follows: The flight of a person immediately after the commission of a crime, or after he is accused of a crime that has been committed, is not sufficient in itself to establish his guilt, but is a fact which, if proved, the jury may consider in deciding his guilt or innocence. The weight to which such circumstance is entitled is a matter for the jury to determine. No further instruction on the subject of flight need be given. (Added by Stats. 1929, Ch. 875.)
  25. 1127d

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    In certain sexual offense prosecutions, the jury may not be told to infer future consent from prior sexual conduct, and it may not consider a complaining witness’s prior sexual conduct for credibility. If evidence of prior sex with the defendant is admitted, the jury may use it only for the stated consent-related issues.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127d. (a) In any criminal prosecution for the crime of rape, or for violation of Section 261.5, or for an attempt to commit, or assault with intent to commit, any such crime, the jury shall not be instructed that it may be inferred that a person who has previously consented to sexual intercourse with persons other than the defendant or with the defendant would be therefore more likely to consent to sexual intercourse again. However, if evidence was received that the victim consented to and did engage in sexual intercourse with the defendant on one or more occasions prior to that charged against the defendant in this case, the jury shall be instructed that this evidence may be considered only as it relates to the question of whether the victim consented to the act of intercourse charged against the defendant in the case, or whether the defendant had a good faith reasonable belief that the victim consented to the act of sexual intercourse. The jury shall be instructed that it shall not consider this evidence for any other purpose. (b) A jury shall not be instructed that the prior sexual conduct in and of itself of the complaining witness may be considered in determining the credibility of the witness pursuant to Chapter 6 (commencing with Section 780) of Division 6 of the Evidence Code. (Amended by Stats. 1990, Ch. 269, Sec. 1.)
  26. 1127e

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    Courts must not use the term “unchaste character” in jury instructions in criminal cases, except for cases involving the listed sex-offense sections or attempts/assaults to commit crimes defined in those sections.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127e. The term “unchaste character” shall not be used by any court in any criminal case in which the defendant is charged with a violation of Section 261 or 261.5, or former Section 262, or attempt to commit or assault with intent to commit any crime defined in any of these sections, in any instruction to the jury. (Amended by Stats. 2022, Ch. 197, Sec. 18. (SB 1493) Effective January 1, 2023.)
  27. 1127f

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    In a criminal trial or proceeding, if a child age 10 or younger testifies and a party requests it, the court must instruct the jury to evaluate the child’s testimony using the listed factors.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127f. In any criminal trial or proceeding in which a child 10 years of age or younger testifies as a witness, upon the request of a party, the court shall instruct the jury, as follows: In evaluating the testimony of a child you should consider all of the factors surrounding the child’s testimony, including the age of the child and any evidence regarding the child’s level of cognitive development. Although, because of age and level of cognitive development, a child may perform differently as a witness from an adult, that does not mean that a child is any more or less credible a witness than an adult. You should not discount or distrust the testimony of a child solely because he or she is a child. (Added by Stats. 1986, Ch. 1051, Sec. 3.)
  28. 1127g

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    When a qualifying witness testifies and a party requests it, the court must instruct the jury to consider all surrounding factors and not discount the testimony solely because of the witness’s disability or impairment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127g. In any criminal trial or proceeding in which a person with a developmental disability, or cognitive, mental, or communication impairment testifies as a witness, upon the request of a party, the court shall instruct the jury, as follows: In evaluating the testimony of a person with a developmental disability, or cognitive, mental, or communication impairment, you should consider all of the factors surrounding the person’s testimony, including their level of cognitive development. Although, because of his or her level of cognitive development, a person with a developmental disability, or cognitive, mental, or communication impairment may perform differently as a witness, that does not mean that a person with a developmental disability, or cognitive, mental, or communication impairment is any more or less credible a witness than another witness. You should not discount or distrust the testimony of a person with a developmental disability, or cognitive, mental, or communication impairment solely because he or she is a person with a developmental disability, or cognitive, mental, or communication impairment. (Added by Stats. 2004, Ch. 823, Sec. 15. Effective January 1, 2005.)
  29. 1127h

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    If a party asks, the court must tell the jury not to let bias, sympathy, prejudice, or public opinion affect its decision.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1127h. In any criminal trial or proceeding, upon the request of a party, the court shall instruct the jury substantially as follows: “Do not let bias, sympathy, prejudice, or public opinion influence your decision. Bias includes bias against the victim or victims, witnesses, or defendant based upon his or her disability, gender, nationality, race or ethnicity, religion, gender identity, or sexual orientation.” (Added by Stats. 2006, Ch. 550, Sec. 3. Effective January 1, 2007.)
  30. 1128.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

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    After the charge, the jury may decide in court or retire to deliberate. If jurors deliberate, the court controls the time and place, an officer must keep them together and prevent communication unless the court orders otherwise, and jurors may not deliberate except in those circumstances.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1128. After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring for deliberation, an officer shall be sworn to keep them together for deliberation in some private and convenient place, and, during the deliberation, not to permit any person to speak to or communicate with them, including any form of electronic or wireless communication, nor to do so himself or herself, unless by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court. The court shall fix the time and place for deliberation. The jurors shall not deliberate on the case except under those circumstances. If the jurors are permitted by the court to separate, the court shall properly admonish them as provided in subdivision (b) of Section 1122. If the jury is composed of both men and women, and the jurors are not permitted by the court to separate, in the event that it becomes necessary to retire for the night, the women shall be kept in a room or rooms separate and apart from the men. (Amended by Stats. 2011, Ch. 181, Sec. 6. (AB 141) Effective January 1, 2012.)
  31. 1129.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If a defendant who posted bail shows up for trial, the court may order the defendant into county custody, and the defendant must then be held accordingly.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1129. When a defendant who has given bail appears for trial, the Court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court, and he must be committed and held in custody accordingly. (Enacted 1872.)
  32. 113.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person who makes, distributes, or sells false documents to hide someone else’s true citizenship or resident status for immigration purposes commits a felony and may face five years’ imprisonment or a $75,000 fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 113. Any person who manufactures, distributes, or sells false documents to conceal the true citizenship or resident status for immigration purposes of another person is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for five years or by a fine of seventy-five thousand dollars ($75,000). (Amended by Stats. 2021, Ch. 296, Sec. 43. (AB 1096) Effective January 1, 2022.)
  33. 1130.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If the prosecuting attorney does not attend a felony trial, the court must appoint a lawyer to carry out the prosecuting attorney’s duties for that trial.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1130. If the prosecuting attorney fails to attend at the trial of a felony, the court must appoint an attorney at law to perform the duties of the prosecuting attorney on such trial. (Amended by Stats. 1998, Ch. 931, Sec. 389. Effective September 28, 1998.)
  34. 11300.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    Within this State, a person must not solicit, entice, induce, persuade, procure, or help solicit another person to visit any gambling ship.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11300. It is unlawful for any person, within this State, to solicit, entice, induce, persuade or procure, or to aid in soliciting, enticing, inducing, persuading or procuring any person to visit any gambling ship, whether such gambling ship be within or without the jurisdiction of the State. (Added by Stats. 1953, Ch. 35.)
  35. 11301.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    This section defines “craft” broadly to include boats, ships, vessels, barges, hulks, floats, and other floating things.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11301. As used in this article “craft” includes every boat, ship, vessel, craft, barge, hulk, float or other thing capable of floating. (Added by Stats. 1953, Ch. 35.)
  36. 11302.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    It is unlawful for any person in this State to recruit or help recruit someone to visit a craft that carries people to a gambling ship.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11302. It is unlawful for any person, within this State, to solicit, entice, induce, persuade or procure, or to aid in soliciting, enticing, inducing, persuading or procuring any person to visit any craft, whether such craft is within or without the jurisdiction of the State, from which craft any person is transported, conveyed or carried to any gambling ship, whether such gambling ship is within or without the jurisdiction of the State. (Added by Stats. 1953, Ch. 35.)
  37. 11303.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    It is unlawful for a person, firm, association, or corporation to transport or help transport any person to a gambling ship.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11303. It is unlawful for any person, firm, association or corporation to transport, convey or carry, or to aid in transporting, conveying or carrying any person to any gambling ship, whether such gambling ship is within or without the jurisdiction of the State. (Added by Stats. 1953, Ch. 35.)
  38. 11304.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    It is unlawful for any person, firm, association, or corporation to transport or help transport someone to a craft that is used to take people to a gambling ship.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11304. It is unlawful for any person, firm, association or corporation to transport, convey or carry, or to aid in transporting, conveying or carrying any person to any craft, whether such craft is within or without the jurisdiction of the State, from which craft any person is transported, conveyed, or carried to any gambling ship, whether such gambling ship is within or without the jurisdiction of the State. (Added by Stats. 1953, Ch. 35.)
  39. 11305.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    A conveyance used to transport people in violation of this article is a public nuisance and must be enjoined, abated, and prevented.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11305. Any boat, ship, vessel, watercraft, barge, airplane, seaplane or aircraft, hereinafter called “means of conveyance,” used for the purpose of transporting, conveying or carrying persons in violation of this article is a public nuisance which shall be enjoined, abated and prevented. (Added by Stats. 1953, Ch. 35.)
  40. 11306.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    If there is reason to believe a nuisance exists in a county, the district attorney must sue to stop it; a resident citizen may also sue. Unless the district attorney files the complaint, the complaint must be verified, and the plaintiff may have the vessel or conveyance seized as security.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11306. Whenever there is reason to believe that a nuisance as defined in this article is kept, maintained or exists in any county, the district attorney, in the name of the people, shall, or any citizen of the State resident in the county, in his own name, may, maintain an action to abate and prevent the nuisance and perpetually to enjoin the person or persons conducting or maintaining it, whether as principal, agent, servant, employee or otherwise, from directly or indirectly maintaining or permitting the nuisance. Unless filed by the district attorney, the complaint in the action shall be verified. In any such action the plaintiff, at the time of issuing the summons, or at any time afterward, may have the means of conveyance, with its tackle, apparel and furniture, seized and kept as security for the satisfaction of any judgment that may be entered in the action. (Added by Stats. 1953, Ch. 35.)
  41. 11307.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    If a conveyance is seized under Section 11306, its owner or another person entitled to possess it may ask the court to post bond and get it back while the case is pending.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11307. When any means of conveyance is seized pursuant to Section 11306, the owner thereof or any other person otherwise entitled to possession thereof may apply to the court in which the action is pending for leave to file bond and regain possession of the means of conveyance during the pendency of the proceedings. The bond shall be in an amount determined by the judge to be the actual value of the means of conveyance at the time of its release. Upon giving said bond conditioned upon compliance with the terms of any temporary writ of injunction entered in the action and upon the return of the means of conveyance to the custody of the court in the event the same is ordered forfeited, the person on whose behalf such bond is given shall be put in possession of said means of conveyance and may use it until it is finally ordered delivered up and forfeited, if such be the judgment of the court. (Added by Stats. 1953, Ch. 35.)
  42. 11308.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    If a nuisance is shown in an action under this article, the court or judge must allow a temporary injunction, and must require the applicant to post an undertaking.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11308. If the existence of a nuisance as defined in this article is shown in any action brought under this article to the satisfaction of the court or judge, either by verified complaint or affidavit, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance. On granting the temporary writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that the applicant was not entitled to it. (Amended by Stats. 1982, Ch. 517, Sec. 321.)
  43. 11309.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    Citizen-filed complaints under this article generally cannot be dismissed by the citizen or for lack of prosecution, unless a sworn statement is made and the court orders dismissal.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11309. Actions brought under this article shall have precedence over all other actions, except criminal proceedings, election contests and hearings on injunctions. If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution except upon a sworn statement made by him and his attorney, setting forth the reasons why the action should be dismissed, and by dismissal ordered by the court. In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting thereto for the plaintiff. If the action is brought by a citizen and the court finds there was no reasonable ground or cause therefor, the costs shall be taxed against him. (Added by Stats. 1953, Ch. 35.)
  44. 11310.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    If a nuisance is proven in an action under this article, the court must enter an abatement order, and the plaintiff’s costs become a lien on the conveyance and its tackle, apparel, and furniture.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11310. If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered as part of the judgment in the case, and plaintiff’s costs in the action are a lien upon the means of conveyance, and upon its tackle, apparel and furniture. The lien is enforceable and collectible by execution issued by order of the court. (Added by Stats. 1953, Ch. 35.)
  45. 11311.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    Violating or disobeying an abatement injunction or order under this article is punishable as contempt of court.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11311. A violation or disobedience of an injunction or order for abatement provided for in this article is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) or more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one nor more than six months, or by both. (Added by Stats. 1953, Ch. 35.)
  46. 11312.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    If a nuisance is proven, the court must enter an abatement order that requires seizure, forfeiture, and sale of the conveyance and related gear. While the order remains in effect, the conveyance stays in the court’s custody, and the officer may charge standard execution-style fees for seizure and sale.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11312. If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered as a part of the judgment, which order shall direct the seizure and forfeiture of the means of conveyance with its tackle, apparel and furniture, and the sale thereof in the manner provided for the sale of like chattels under execution. While the order of abatement remains in effect, the means of conveyance is in the custody of the court. For seizing and selling the means of conveyance, the officer is entitled to charge and receive the same fees as he would for levying upon and selling like property on execution. (Added by Stats. 1953, Ch. 35.)
  47. 11313.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    Money from the sale of the conveyance must be used first to pay seizure and sale fees, then the plaintiff’s costs, and any remainder goes to the State Treasury for the General Fund.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11313. The proceeds of the sale of the means of conveyance shall be applied as follows: First—To the fees and costs of the seizure and sale. Second—To the payment of the plaintiff’s costs in the action. Third—The balance, if any, shall be paid into the State Treasury to the credit of the General Fund. (Added by Stats. 1953, Ch. 35.)
  48. 11314.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

    Verify source ↗

    A court may return a seized means of conveyance to its owner if the owner meets several conditions, including paying liens, filing a full-value bond, and acting in good faith.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11314. If the owner of the means of conveyance has not been guilty of any contempt of court in a proceeding brought under this article, and appears and pays all costs, fees, and allowances that are a lien on the means of conveyance and files a bond in the full value of the means of conveyance, to be ascertained by the court, conditioned that the owner will immediately abate the nuisance and prevent it from being established or resumed within a period of one year thereafter, the court or judge may, if satisfied of the owner’s good faith, order the means of conveyance to be delivered to the owner, and the order of abatement canceled so far as it may relate thereto. The release of such means of conveyance under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject. (Amended by Stats. 1982, Ch. 517, Sec. 322.)
  49. 11315.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

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    If an owner of a conveyance or an ownership interest in it is convicted of contempt of court and fined under this article, the fine becomes a lien on the property up to that person’s interest, and the court may order execution to collect it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11315. Whenever the owner of the means of conveyance, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceeding under this article, the fine is a lien upon the property to the extent of his interest in it. The lien is enforceable and collectible by execution issued by order of the court. (Added by Stats. 1953, Ch. 35.)
  50. 11316.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

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    Violating any provision of this article is a misdemeanor.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11316. Any person, firm, association or corporation, either as principal, agent, servant, employee or otherwise, who violates any of the provisions of this article is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 35.)
  51. 11317.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

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    This section defines “gambling ship” as a boat, ship, vessel, watercraft, or barge used, operated, or kept for gambling, including when it is inside or outside state jurisdiction and whether anchored, lying to, or moving.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11317. The term “gambling ship” as used in this article means any boat, ship, vessel, watercraft or barge kept, operated or maintained for the purpose of gambling, whether within or without the jurisdiction of the State, and whether it is anchored, lying to, or navigating. (Added by Stats. 1953, Ch. 35.)
  52. 11318.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

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    This section says that if part of the article is invalid, the rest should still operate.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11318. If any section, subsection, paragraph, sentence or clause of this article is for any reason held to be invalid, the Legislature hereby declares that had it known of the invalidity of that portion at the time of this enactment, it would have passed the remainder of the article without the invalid portion and that it is the intention of the Legislature that the remainder of the article operate in the event of the invalidity of any portion thereof. (Added by Stats. 1953, Ch. 35.)
  53. 11319.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. )

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    This section makes it unlawful for any person to run or help run gambling activity on certain crafts traveling within the state, and it gives a limited travel-based exception for some United States-flagged and foreign-flagged craft.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 3. Control of Gambling Ships [11300 - 11319] ( Article 3 added by Stats. 1953, Ch. 35. ) ## 11319. It is unlawful for any person to do any of the following: (a) Violate any provision of Chapter 9 (commencing with Section 319), Chapter 10 (commencing with Section 330), or Chapter 10.5 (commencing with Section 337.1) of Title 9 of Part 1 on a craft that embarks from any point within the state, and disembarks at the same or another point within the state, during which time the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the state. (b) Manage, supervise, control, operate, or own any craft that embarks from any point within the state, and disembarks at the same or another point within the state, during which time the person intentionally causes or knowingly permits gambling activity which would violate any provision of Chapter 9 (commencing with Section 319), Chapter 10 (commencing with Section 330), or Chapter 10.5 (commencing with Section 337.1) of Title 9 of Part 1 to be conducted, whether within or without the waters of the state. (c) This section shall not apply to gambling activity conducted on United States-flagged or foreign-flagged craft during travel from a foreign nation or another state or possession of the United States up to the point of first entry into California waters or during travel to a foreign nation or another state or possession of the United States from the point of departure from California waters, provided that nothing herein shall preclude prosecution for any other offense under this article. (Added by Stats. 1992, Ch. 276, Sec. 2. Effective January 1, 1993.)
  54. 1137.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. )

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    When the jury retires to deliberate, it may take certain evidence and instructions with it, and the court must provide for their custody and safekeeping.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. ) ## 1137. Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the cause, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them the written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person. The court shall provide for the custody and safekeeping of such items. (Amended by Stats. 1969, Ch. 520.)
  55. 1138.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. )

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    When jurors disagree about testimony or want a legal point explained, they must ask the officer to take them into court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. ) ## 1138. After the jury have retired for deliberation, if there be any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the case, they must require the officer to conduct them into court. Upon being brought into court, the information required must be given in the presence of, or after notice to, the prosecuting attorney, and the defendant or his counsel, or after they have been called. (Amended by Stats. 1951, Ch. 1674.)
  56. 1138.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. )

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    The judge may be absent from court while previously received testimony is read to the jury, except for good cause shown.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. ) ## 1138.5. Except for good cause shown, the judge in his of her discretion need not be present in the court while testimony previously received in evidence is read to the jury. (Added by Stats. 1987, Ch. 88, Sec. 2. Effective July 2, 1987.)
  57. 114.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

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    A person who uses false documents to hide true citizenship or resident status for immigration purposes commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 114. Any person who uses false documents to conceal their true citizenship or resident status for immigration purposes is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for five years or by a fine of twenty-five thousand dollars ($25,000). (Amended by Stats. 2021, Ch. 296, Sec. 44. (AB 1096) Effective January 1, 2022.)
  58. 1140.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. )

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    The jury may not be discharged after the case is submitted until it reaches and announces a verdict in open court, unless both parties consent or the court concludes agreement is no longer reasonably possible.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. ) ## 1140. Except as provided by law, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree. (Amended by Stats. 1949, Ch. 1313.)
  59. 1141.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. )

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    If a jury is discharged or blocked from reaching a verdict because of an accident or other cause, the case may be tried again, except in the stated defendant-discharge situations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. ) ## 1141. In all cases where a jury is discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged during the progress of the trial, or after the cause is submitted to them, the cause may be again tried. (Amended by Code Amendments 1880, Ch. 47.)
  60. 11410.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. )

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    This section says every person has a right to be secure from fear, intimidation, and physical harm from violent groups or individuals, and it defines several terms used in the section.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. ) ## 11410. (a) The Legislature finds and declares that it is the right of every person regardless of actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with these actual or perceived characteristics, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of rights protected by the Constitution of the United States. The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The Legislature further finds however, that the advocacy of unlawful violent acts by groups against other persons or groups under circumstances where death or great bodily injury is likely to result is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal and civil sanctions. (b) For purposes of this section, the following definitions shall apply: (1) “Association with a person or group with these actual or perceived characteristics” includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55. (2) “Disability” includes mental disability and physical disability as defined in Section 12926 of the Government Code. (3) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (4) “Nationality” includes citizenship, country of origin, and national origin. (5) “Race or ethnicity” includes ancestry, color, and ethnic background. (6) “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. (7) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality. (Amended by Stats. 2011, Ch. 719, Sec. 34. (AB 887) Effective January 1, 2012.)
  61. 11411.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. )

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    This section makes certain terrorizing acts involving nooses, Nazi swastikas, crosses, and other religious symbols punishable by prison or fines.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. ) ## 11411. (a) It is the intent of the Legislature to criminalize the placement or display of the Nazi Hakenkreuz (hooked cross), also known as the Nazi swastika that was the official emblem of the Nazi party, for the purpose of terrorizing a person. This legislation is not intended to criminalize the placement or display of the ancient swastika symbols that are associated with Hinduism, Buddhism, and Jainism and are symbols of peace. (b) A person who hangs a noose, knowing it to be a symbol representing a threat to life, on the private property of another, without authorization, for the purpose of terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing the owner or occupant of that private property, or who hangs a noose, knowing it to be a symbol representing a threat to life, on the property of a school, college campus, public place, place of worship, cemetery, or place of employment, for the purpose of terrorizing a person who attends, works at, or is otherwise associated with the school, college campus, public place, place of worship, cemetery, or place of employment, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years, by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment, or in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the fine and imprisonment for the first conviction. (c) A person who places or displays a sign, mark, symbol, emblem, or other physical impression, including, but not limited to, a Nazi swastika, on the private property of another, without authorization, for the purpose of terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing the owner or occupant of that private property, or who places or displays a sign, mark, symbol, emblem, or other physical impression, including, but not limited to, a Nazi swastika, on the property of a school, college campus, public place, place of worship, cemetery, or place of employment, for the purpose of terrorizing a person who attends, works at, or is otherwise associated with the school, college campus, public place, place of worship, cemetery, or place of employment, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years, by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment, or in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both the fine and imprisonment for the first conviction. (d) A person who burns or desecrates a cross or other religious symbol, knowing it to be a religious symbol, on the private property of another without authorization for the purpose of terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing the owner or occupant of that private property, or who burns, desecrates, or destroys a cross or other religious symbol, knowing it to be a religious symbol, on the property of a school, college campus, public place, place of worship, cemetery, or place of employment for the purpose of terrorizing a person who attends, works at, or is otherwise associated with the school, college campus, public place, place of worship, cemetery, or place of employment shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years, by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both the fine and imprisonment for the first conviction. (e) A second or subsequent conviction pursuant to subdivision (b), (c), or (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years, by a fine of not more than fifteen thousand dollars ($15,000), or by both the fine and imprisonment, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both the fine and imprisonment. (f) As used in this section, “terrorize” means to cause a person of ordinary emotions and sensibilities to fear for personal safety. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2022, Ch. 397, Sec. 1. (AB 2282) Effective January 1, 2023.)
  62. 11412.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. )

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    A person who intentionally uses a directly communicated threat of unlawful injury to stop someone from practicing religion or attending a religious service commits a felony if the threat appears capable of being carried out.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. ) ## 11412. Any person who, with intent to cause, attempts to cause or causes another to refrain from exercising his or her religion or from engaging in a religious service by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out is guilty of a felony. (Added by Stats. 1984, Ch. 1119, Sec. 1.)
  63. 11413.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. )

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    A person commits a felony if they explode, ignite, or try to explode or ignite an explosive or destructive device, or commit arson, in certain listed places, when done to terrorize someone or with reckless disregard of terrorizing them.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. ) ## 11413. (a) Any person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive, or who commits arson, in or about any of the places listed in subdivision (b), for the purpose of terrorizing another or in reckless disregard of terrorizing another is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years, and a fine not exceeding ten thousand dollars ($10,000). (b) Subdivision (a) applies to the following places: (1) Any health facility licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, or any place where medical care is provided by a licensed health care professional. (2) Any church, temple, synagogue, mosque, or other place of worship. (3) The buildings, offices, and meeting sites of organizations that counsel for or against abortion or among whose major activities are lobbying, publicizing, or organizing with respect to public or private issues relating to abortion. (4) Any place at which a lecture, film-showing, or other private meeting or presentation that educates or propagates with respect to abortion practices or policies, whether on private property or at a meeting site authorized for specific use by a private group on public property, is taking place. (5) Any bookstore or public or private library. (6) Any building or facility designated as a courthouse. (7) The home or office of a judicial officer. (8) Any building or facility regularly occupied by county probation department personnel in which the employees perform official duties of the probation department. (9) Any private property, if the property was targeted in whole or in part because of any of the actual or perceived characteristics of the owner or occupant of the property listed in subdivision (a) of Section 422.55. (10) Any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. (c) As used in this section, “judicial officer” means a magistrate, judge, justice, commissioner, referee, or any person appointed by a court to serve in one of these capacities, of any state or federal court located in this state. (d) As used in this section, “terrorizing” means to cause a person of ordinary emotions and sensibilities to fear for personal safety. (e) Nothing in this section shall be construed to prohibit the prosecution of any person pursuant to Section 18740 or any other provision of law in lieu of prosecution pursuant to this section. (Amended (as amended by Stats. 2010, Ch. 178) by Stats. 2011, Ch. 15, Sec. 498. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Amended version operative January 1, 2012, pursuant to Stats. 2010, Ch. 178, Sec. 107.)
  64. 11414.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. )

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    A person who intentionally harasses a child or ward of another person because of that person’s employment commits an offence and can be jailed or fined. The section also defines key terms and allows certain civil remedies and exceptions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.5. Terrorizing [11410 - 11414] ( Article 4.5 added by Stats. 1982, Ch. 1624, Sec. 2. ) ## 11414. (a) Any person who intentionally harasses the child or ward of any other person because of that person’s employment shall be punished by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. (b) For purposes of this section, the following definitions shall apply: (1) “Child” and “ward” mean a person under 16 years of age. (2) “Harasses” means knowing and willful conduct directed at a specific child or ward that seriously alarms, annoys, torments, or terrorizes the child or ward, and that serves no legitimate purpose, including, but not limited to, that conduct occurring during the course of any actual or attempted recording of the child’s or ward’s image or voice, or both, without the express consent of the parent or legal guardian of the child or ward, by following the child’s or ward’s activities or by lying in wait. The conduct must be such as would cause a reasonable child to suffer substantial emotional distress, and actually cause the victim to suffer substantial emotional distress. (3) “Employment” means the job, vocation, occupation, or profession of the parent or legal guardian of the child or ward. (c) A second conviction under this section shall be punished by a fine not exceeding twenty thousand dollars ($20,000) and by imprisonment in a county jail for not less than five days but not exceeding one year. A third or subsequent conviction under this section shall be punished by a fine not exceeding thirty thousand dollars ($30,000) and by imprisonment in a county jail for not less than 30 days but not exceeding one year. (d) Upon a violation of this section, the parent or legal guardian of an aggrieved child or ward may bring a civil action against the violator on behalf of the child or ward. The remedies in that civil action shall be limited to one or more of the following: actual damages, punitive damages, reasonable attorney’s fees, costs, disgorgement of any compensation from the sale, license, or dissemination of a child’s image or voice received by the individual who, in violation of this section, recorded the child’s image or voice, and injunctive relief against further violations of this section by the individual. (e) The act of transmitting, publishing, or broadcasting a recording of the image or voice of a child does not constitute a violation of this section. (f) This section does not preclude prosecution under any section of law that provides for greater punishment. (Amended by Stats. 2013, Ch. 348, Sec. 1. (SB 606) Effective January 1, 2014.)
  65. 11415.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. )

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    This section says the article is known as, and may be cited as, the Hertzberg-Alarcon California Prevention of Terrorism Act.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. ) ## 11415. This article shall be known and may be cited as the Hertzberg-Alarcon California Prevention of Terrorism Act. (Added by Stats. 1999, Ch. 563, Sec. 1. Effective January 1, 2000.)
  66. 11416.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. )

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    The Legislature declares terrorism involving weapons of mass destruction to be a serious public safety concern and says such conduct should be sanctioned.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. ) ## 11416. The Legislature hereby finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, chemical, biological, nuclear, or radiological agents, is a significant public safety concern. The Legislature also recognizes that terrorism involving weapons of mass destruction could result in an intentional disaster placing residents of California in great peril. The Legislature also finds it necessary to sanction the possession, manufacture, use, or threatened use of chemical, biological, nuclear, or radiological weapons, as well as the intentional use or threatened use of industrial or commercial chemicals as weapons against persons or animals. (Added by Stats. 1999, Ch. 563, Sec. 1. Effective January 1, 2000.)
  67. 11417.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. )

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    This section defines terms for the terrorism article and excludes certain lawful uses and registered research entities from being subject to it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. ) ## 11417. (a) For the purposes of this article, the following terms have the following meanings: (1) “Weapon of mass destruction” includes chemical warfare agents, weaponized biological or biologic warfare agents, restricted biological agents, nuclear agents, radiological agents, or the intentional release of industrial agents as a weapon, or an aircraft, vessel, or vehicle, as described in Section 34500 of the Vehicle Code, which is used as a destructive weapon. (2) “Chemical Warfare Agents” includes, but is not limited to, the following weaponized agents, or any analog of these agents: (A) Nerve agents, including Tabun (GA), Sarin (GB), Soman (GD), GF, and VX. (B) Choking agents, including Phosgene (CG) and Diphosgene (DP). (C) Blood agents, including Hydrogen Cyanide (AC), Cyanogen Chloride (CK), and Arsine (SA). (D) Blister agents, including mustards (H, HD [sulfur mustard], HN-1, HN-2, HN-3 [nitrogen mustard]), arsenicals, such as Lewisite (L), urticants, such as CX; and incapacitating agents, such as BZ. (3) “Weaponized biological or biologic warfare agents” include weaponized pathogens, such as bacteria, viruses, rickettsia, yeasts, fungi, or genetically engineered pathogens, toxins, vectors, and endogenous biological regulators (EBRs). (4) “Nuclear or radiological agents” includes any improvised nuclear device (IND) which is any explosive device designed to cause a nuclear yield; any radiological dispersal device (RDD) which is any explosive device utilized to spread radioactive material; or a simple radiological dispersal device (SRDD) which is any act or container designed to release radiological material as a weapon without an explosion. (5) “Vector” means a living organism or a molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology, that is capable of carrying a biological agent or toxin to a host. (6) “Weaponization” is the deliberate processing, preparation, packaging, or synthesis of any substance for use as a weapon or munition. “Weaponized agents” are those agents or substances prepared for dissemination through any explosive, thermal, pneumatic, or mechanical means. (7) For purposes of this section, “used as a destructive weapon” means to use with the intent of causing widespread great bodily injury or death by causing a fire or explosion or the release of a chemical, biological, or radioactive agent. (b) The intentional release of a dangerous chemical or hazardous material generally utilized in an industrial or commercial process shall be considered use of a weapon of mass destruction when a person knowingly utilizes those agents with the intent to cause harm and the use places persons or animals at risk of serious injury, illness, or death, or endangers the environment. (c) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, or commercial purposes is not proscribed by this article. (d) No university, research institution, private company, individual, or hospital engaged in scientific or public health research and, as required, registered with the Centers for Disease Control and Prevention (CDC) pursuant to Part 113 (commencing with Section 113.1) of Subchapter E of Chapter 1 of Title 9 or pursuant to Part 72 (commencing with Section 72.1) of Subchapter E of Chapter 1 of Title 42 of the Code of Federal Regulations, or any successor provisions, shall be subject to this article. (Amended by Stats. 2002, Ch. 611, Sec. 1. Effective September 17, 2002.)
  68. 11418.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. )

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    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. ) ## 11418. (a) (1) Any person, without lawful authority, who possesses, develops, manufactures, produces, transfers, acquires, or retains any weapon of mass destruction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 4, 8, or 12 years. (2) Any person who commits a violation of paragraph (1) and who has been previously convicted of Section 11411, 11412, 11413, 11418, 11418.1, 11418.5, 11419, 11460, 18715, 18725, or 18740 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 5, 10, or 15 years. (b) (1) Any person who uses or directly employs against another person a weapon of mass destruction in a form that may cause widespread, disabling illness or injury in human beings shall be punished by imprisonment in the state prison for life. (2) Any person who uses or directly employs against another person a weapon of mass destruction in a form that may cause widespread great bodily injury or death and causes the death of any human being shall be punished by imprisonment in the state prison for life without the possibility of parole. Nothing in this paragraph shall prevent punishment instead under Section 190.2. (3) Any person who uses a weapon of mass destruction in a form that may cause widespread damage to or disruption of the food supply or “source of drinking water” as defined in subdivision (d) of Section 25249.11 of the Health and Safety Code shall be punished by imprisonment in the state prison for 5, 8, or 12 years and by a fine of not more than one hundred thousand dollars ($100,000). (4) Any person who maliciously uses against animals, crops, or seed and seed stock, a weapon of mass destruction in a form that may cause widespread damage to or substantial diminution in the value of stock animals or crops, including seeds used for crops or product of the crops, shall be punished by imprisonment in the state prison for 4, 8, or 12 years and by a fine of not more than one hundred thousand dollars ($100,000). (c) Any person who uses a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, ground water, and wildlife, shall be punished by imprisonment in the state prison for three, four, or six years. (d) (1) Any person who uses recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime described in subdivision (b) shall be punished by imprisonment in the state prison for 4, 8, or 12 years and by a fine of not more than two hundred fifty thousand dollars ($250,000). (2) Any person who uses recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime described in subdivision (c) shall be punished by imprisonment in the state prison for three, six, or nine years and by a fine of not more than two hundred fifty thousand dollars ($250,000). (e) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment. (Amended (as amended by Stats. 2011, Ch. 15, Sec. 500) by Stats. 2011, Ch. 39, Sec. 55. (AB 117) Effective June 30, 2011. Amending action (succeeding amendment by Stats. 2010, Ch. 178) operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Amended version operative January 1, 2012, pursuant to Stats. 2010, Ch. 178, Sec. 107.)
  69. 11418.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. )

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    A person commits a misdemeanor by handling or sending a false facsimile of a weapon of mass destruction with intent to make someone fear for safety.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. ) ## 11418.1. Any person who gives, mails, sends, or causes to be sent any false or facsimile of a weapon of mass destruction to another person, or places, causes to be placed, or possesses any false or facsimile of a weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others, is guilty of a misdemeanor. If the person’s conduct causes another person to be placed in sustained fear, the person shall be punished by imprisonment in a county jail for not more than one year or in the state prison for 16 months, or two or three years and by a fine of not more than two hundred fifty thousand dollars ($250,000). For purposes of this section, “sustained fear” has the same meaning as in Section 11418.5. (Added by Stats. 2002, Ch. 606, Sec. 6. Effective September 17, 2002.)
  70. 11418.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. )

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    A person who knowingly threatens to use a weapon of mass destruction, with the required specific intent and resulting sustained fear, commits an offense punishable by jail or prison and a fine.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. ) ## 11418.5. (a) Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that the statement as defined in Section 225 of the Evidence Code or a statement made by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety, or for his or her immediate family’s safety shall be punished by imprisonment in a county jail for up to one year or in the state prison for 3, 4, or 6 years, and by a fine of not more than two hundred fifty thousand dollars ($250,000). (b) For the purposes of this section, “sustained fear” can be established by, but is not limited to, conduct such as evacuation of any building by any occupant, evacuation of any school by any employee or student, evacuation of any home by any resident or occupant, any isolation, quarantine, or decontamination effort. (c) The fact that the person who allegedly violated this section did not actually possess a biological agent, toxin, or chemical weapon does not constitute a defense to the crime specified in this section. (d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment. (Amended by Stats. 2002, Ch. 611, Sec. 2. Effective September 17, 2002.)
  71. 11419.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. )

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    A person or entity that possesses restricted biological agents can be punished by prison time and a fine. Peace officers who encounter those agents must immediately notify and consult a local public health officer.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act [11415 - 11419] ( Article 4.6 added by Stats. 1999, Ch. 563, Sec. 1. ) ## 11419. (a) Any person or entity possessing any of the restricted biological agents enumerated in subdivision (b) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 4, 8, or 12 years, and by a fine of not more than two hundred fifty thousand dollars ($250,000). (b) For the purposes of this section, “restricted biological agents” means the following: (1) Viruses: Crimean-Congo hemorrhagic fever virus, eastern equine encephalitis virus, ebola viruses, equine morbilli virus, lassa fever virus, marburg virus, Rift Valley fever virus, South African hemorrhagic fever viruses (Junin, Machupo, Sabia, Flexal, Guanarito), tick-borne encephalitis complex viruses, variola major virus (smallpox virus), Venezuelan equine encephalitis virus, viruses causing hantavirus pulmonary syndrome, yellow fever virus. (2) Bacteria: bacillus anthracis (commonly known as anthrax), brucella abortus, brucella melitensis, brucella suis, burkholderia (pseudomonas) mallei, burkholderia (pseudomonas) pseudomallei, clostridium botulinum, francisella tularensis, yersinia pestis (commonly known as plague). (3) Rickettsiae: coxiella burnetii, rickettsia prowazekii, rickettsia rickettsii. (4) Fungi: coccidioides immitis. (5) Toxins: abrin, aflatoxins, botulinum toxins, clostridium perfringens epsilon toxin, conotoxins, diacetoxyscirpenol, ricin, saxitoxin, shigatoxin, staphylococcal enterotoxins, tabtoxin, tetrodotoxin, T-2 toxin. (6) Any other microorganism, virus, infectious substance, or biological product that has the same characteristics as, or is substantially similar to, the substances prohibited in this section. (c) (1) This section shall not apply to any physician, veterinarian, pharmacist, or licensed medical practitioner authorized to dispense a prescription under Section 11026 of the Health and Safety Code, or universities, research institutions, or pharmaceutical corporations, or any person possessing the agents pursuant to a lawful prescription issued by a person defined in Section 11026 of the Health and Safety Code, if the person possesses vaccine strains of the viral agents Junin virus strain #1, Rift Valley fever virus strain MP-12, Venezuelan equine encephalitis virus strain TC-83 and yellow fever virus strain 17-D; any vaccine strain described in Section 78.1 of Subpart A of Part 78 of Subchapter C of Chapter 1 of Title 9 of the Code of Federal Regulations, or any successor provisions, and any toxin for medical use, inactivated for use as vaccines, or toxin preparation for biomedical research use at a median lethal dose for vertebrates of more than 100 ng/kg, as well as any national standard toxin required for biologic potency testing as described in Part 113 (commencing with Section 113.1) of Subchapter E of Chapter 1 of Title 9 of the Code of Federal Regulations, or any successor provisions. (2) For the purposes of this section, no person shall be deemed to be in possession of an agent if the person is naturally exposed to, or innocently infected or contaminated with, the agent. (d) Any peace officer who encounters any of the restricted agents mentioned above shall immediately notify and consult with a local public health officer to ensure proper consideration of any public health risk. (e) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment. (Amended by Stats. 2011, Ch. 15, Sec. 501. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  72. 1142.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. )

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    When the jury are absent, the court may adjourn for other business, but it must stay open for matters connected with the case until a verdict is reached or the jury is discharged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them [1137 - 1142] ( Chapter 3 enacted 1872. ) ## 1142. While the jury are absent the Court may adjourn from time to time, as to other business, but it must nevertheless be open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. (Enacted 1872.)
  73. 11460.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 6. Paramilitary Organizations [11460- 11460.] ( Article 6 added by Stats. 1965, Ch. 1221. )

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    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 6. Paramilitary Organizations [11460- 11460.] ( Article 6 added by Stats. 1965, Ch. 1221. ) ## 11460. (a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. As used in this subdivision, “paramilitary organization” means an organization which is not an agency of the United States government or of the State of California, or which is not a private school meeting the requirements set forth in Section 48222 of the Education Code, but which engages in instruction or training in guerrilla warfare or sabotage, or which, as an organization, engages in rioting or the violent disruption of, or the violent interference with, school activities. (b) (1) Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that these objects or techniques will be unlawfully employed for use in, or in the furtherance of a civil disorder, or any person who assembles with one or more other persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, with the intent to cause or further a civil disorder, shall be punished by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. Nothing in this subdivision shall make unlawful any act of any peace officer or a member of the military forces of this state or of the United States, performed in the lawful course of his or her official duties. (2) As used in this section: (A) “Civil disorder” means any disturbance involving acts of violence which cause an immediate danger of or results in damage or injury to the property or person of any other individual. (B) “Destructive device” has the same meaning as in Section 16460. (C) “Explosive” has the same meaning as in Section 12000 of the Health and Safety Code. (D) “Firearm” means any device designed to be used as a weapon, or which may readily be converted to a weapon, from which is expelled a projectile by the force of any explosion or other form of combustion, or the frame or receiver of this weapon. (E) “Peace officer” means any peace officer or other officer having the powers of arrest of a peace officer, specified in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (Amended by Stats. 2010, Ch. 178, Sec. 93. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  74. 1147.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    After the jury agrees on a verdict, the officer in charge must bring them into court and call their names.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1147. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that case the action may be again tried. (Amended by Stats. 1905, Ch. 534.)
  75. 11470.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    This section defines key terms used in the article on interruption of communication.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11470. For the purposes of this article, the following terms have the following meanings: (a) “Communication service” means any communication service that interconnects with the public switched telephone network and is required by the Federal Communications Commission to provide customers with 911 access to emergency services. (b) “Government entity” means every local government, including a city, county, city and county, a transit, joint powers, special, or other district, the state, and every agency, department, commission, board, bureau, or other political subdivision of the state, or any authorized agent thereof. (c) “Interrupt communication service” means to knowingly or intentionally suspend, disconnect, interrupt, or disrupt a communication service to one or more particular customers or all customers in a geographical area. (d) “Judicial officer” means a magistrate, judge, commissioner, referee, or any person appointed by a court to serve in one of these capacities, of a superior court. (e) “Service provider” means a person or entity, including a government entity, that offers a communication service. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  76. 11471.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    Government entities and service providers generally may not interrupt communication services, except in authorized situations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11471. (a) Except as authorized by this article, no government entity, and no service provider acting at the request of a government entity, shall interrupt a communication service for either of the following purposes: (1) To prevent the communication service from being used for an illegal purpose. (2) To protect public health, safety, or welfare. (b) A government entity may interrupt a communication service for a purpose stated in subdivision (a) in any of the following circumstances: (1) The interruption is authorized by a court order pursuant to Section 11473. (2) The government entity reasonably determines that (A) the interruption is required to address an extreme emergency situation that involves immediate danger of death or great bodily injury, (B) there is insufficient time, with due diligence, to first obtain a court order under Section 11473, and (C) the interruption meets the grounds for issuance of a court order under Section 11473. A government entity acting pursuant to this paragraph shall comply with Section 11475. (3) Notwithstanding Section 591, 631, or 632, or Section 7906 of the Public Utilities Code, a supervising law enforcement official with jurisdiction may require that a service provider interrupt a communication service that is available to a person if (A) the law enforcement official has probable cause to believe that the person is holding hostages and is committing a crime, or is barricaded and is resisting apprehension through the use or threatened use of force, and (B) the purpose of the interruption is to prevent the person from communicating with anyone other than a peace officer or a person authorized by a peace officer. This paragraph does not authorize the interruption of communication service to a wireless device other than a wireless device used or available for use by the person or persons involved in a hostage or barricade situation. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  77. 11472.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    A government entity seeking a court order to interrupt a communication service must file a written, sworn application with the proper judge and include specified supporting statements and details.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11472. (a) An application by a government entity for a court order authorizing the interruption of a communication service shall be made in writing upon the personal oath or affirmation of the chief executive of the government entity or his or her designee, to the presiding judge of the superior court or a judicial officer designated by the presiding judge for that purpose. (b) Each application shall include all of the following information: (1) The identity of the government entity making the application. (2) A statement attesting to a review of the application and the circumstances in support of the application by the chief executive officer of the government entity making the application, or his or her designee. This statement shall state the name and office of the person who effected this review. (3) A full and complete statement of the facts and circumstances relied on by the government entity to justify a reasonable belief that the order should be issued, including the facts and circumstances that support the statements made in paragraphs (4) to (7), inclusive. (4) A statement that probable cause exists to believe that the communication service to be interrupted is being used or will be used for an unlawful purpose or to assist in a violation of the law. The statement shall expressly identify the unlawful purpose or violation of the law. (5) A statement that immediate and summary action is needed to avoid serious, direct, and immediate danger to public health, safety, or welfare. (6) A statement that the proposed interruption is narrowly tailored to the specific circumstances under which the order is made and would not interfere with more communication than is necessary to achieve the purposes of the order. (7) A statement that the proposed interruption would leave open ample alternative means of communication. (8) A statement that the government entity has considered the practical disadvantages of the proposed interruption, including any disruption of emergency communication service. (9) A description of the scope and duration of the proposed interruption. The application shall clearly describe the specific communication service to be interrupted with sufficient detail as to customer, cell sector, central office, or geographical area affected. (c) The judicial officer may require the applicant to furnish additional testimony or documentary evidence in support of an application for an order under this section. (d) The judicial officer shall accept a facsimile copy of the signature of any person required to give a personal oath or affirmation pursuant to subdivision (a) as an original signature to the application. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  78. 11473.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    A judicial officer may issue an ex parte order to interrupt a communication service if the listed safety, legality, tailoring, and alternative-means requirements are met.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11473. Upon application made under Section 11472, the judicial officer may enter an ex parte order, as requested or modified, authorizing interruption of a communication service in the territorial jurisdiction in which the judicial officer is sitting, if the judicial officer determines, on the basis of the facts submitted by the applicant, that all of the following requirements are satisfied: (a) There is probable cause that the communication service is being or will be used for an unlawful purpose or to assist in a violation of the law. (b) Absent immediate and summary action to interrupt the communication service, serious, direct, and immediate danger to public health, safety, or welfare will result. (c) The interruption of communication service is narrowly tailored to prevent unlawful infringement of speech that is protected by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution, or a violation of any other rights under federal or state law. (d) The interruption of a communication service would leave open ample alternative means of communication. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  79. 11474.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    Orders authorizing interruption of a communication service must include specific findings, service details, and duration, and the government must notify the service provider when the interruption ends.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11474. An order authorizing an interruption of a communication service shall include all of the following: (a) A statement of the court’s findings required by Section 11473. (b) A clear description of the communication service to be interrupted, with specific detail as to the affected service, service provider, and customer or geographical area. (c) A statement of the period of time during which the interruption is authorized. The order may provide for a fixed duration or require that the government end the interruption when it determines that the interruption is no longer reasonably necessary because the danger that justified the interruption has abated. If the judicial officer finds that probable cause exists that a particular communication service is being used or will be used as part of a continuing criminal enterprise, the court may order the permanent termination of that service and require that the terminated service not be referred to another communication service. (d) A requirement that the government entity immediately serve notice on the service provider when the interruption is to cease. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  80. 11475.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    A government entity that interrupts a communication service must quickly seek a court order, prepare a signed statement of intent, and post conspicuous notice on its website, subject to limited timing and notice exceptions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11475. A government entity that interrupts a communication service pursuant to paragraph (2) of subdivision (b) of Section 11471 shall take all of the following steps: (a) Apply for a court order under Section 11472 without delay. If possible, the application shall be filed within six hours after commencement of the interruption. If that is not possible, the application shall be filed at the first reasonably available opportunity, but in no event later than 24 hours after commencement of an interruption of a communication service. If an application is filed more than six hours after commencement of an interruption of a communication service, the application shall include a declaration, made under penalty of perjury, stating the reason for the delay. (b) Prepare a signed statement of intent to apply for a court order. The statement of intent shall clearly describe the extreme emergency situation and the specific communication service to be interrupted. If a government entity does not apply for a court order within six hours, the government entity shall submit a copy of the signed statement of intent to the court within six hours. (c) Provide conspicuous notice of the application for a court order on the government entity’s Internet Web site without delay, unless the circumstances that justify an interruption of a communication service without first obtaining a court order also justify not providing the notice. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  81. 11476.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    If certain interruption orders would affect all customers in a geographic area, the government entity must serve the order or statement on the Governor’s Office of Emergency Services. That office has policy discretion whether to ask the federal government to authorize and carry out the interruption.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11476. (a) If an order issued pursuant to Section 11473 or a signed statement of intent prepared pursuant to Section 11475 would authorize the interruption of a communication service for all customers of the interrupted communication service within a geographical area, the government entity shall serve the order or statement on the Governor’s Office of Emergency Services. (b) The Governor’s Office of Emergency Services shall have policy discretion on whether to request that the federal government authorize and effect the proposed interruption. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  82. 11477.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

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    A government entity must serve certain orders or statements on the service provider contact and, if known, the affected customer.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11477. If an order issued pursuant to Section 11473 or a signed statement of intent prepared pursuant to Section 11475 is not governed by Section 11476, the government entity shall serve the order or statement on both of the following persons: (a) The appropriate service provider’s contact for receiving requests from law enforcement, including receipt of state or federal warrants, orders, or subpoenas. (b) The affected customer, if the identity of the customer is known. When serving an affected customer, the government entity shall provide notice of the opportunity for judicial review under Section 11479. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  83. 11478.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

    Verify source ↗

    This section gives a service provider a complete defense if it acts in good faith on certain court or law-enforcement directions, and requires communications service providers to name security staff and follow applicable PUC/FCC and other laws when interrupting service.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11478. (a) Good faith reliance by a service provider on a court order issued pursuant to Section 11473, a signed statement of intent prepared pursuant to Section 11475, or the instruction of a supervising law enforcement officer acting pursuant to paragraph (3) of subdivision (b) of Section 11471 shall constitute a complete defense for the service provider against any action brought as a result of the interruption of a communication service authorized by that court order, statement of intent, or instruction. (b) A communications service provider shall designate a security employee and an alternate security employee, to provide all required assistance to law enforcement officials to carry out the purposes of this article. (c) A service provider that intentionally interrupts communication service pursuant to this article shall comply with any rule or notification requirement of the Public Utilities Commission or Federal Communications Commission, or both, and any other applicable provision or requirement of state or federal law. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  84. 11479.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

    Verify source ↗

    A person whose communication service was interrupted under this article may petition the superior court to challenge the interruption and seek restoration of service.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11479. (a) A person whose communication service has been interrupted pursuant to this article may petition the superior court to contest the grounds for the interruption and restore the interrupted service. (b) The remedy provided in this section is not exclusive. Other laws may provide a remedy for a person who is aggrieved by an interruption of a communication service authorized by this chapter. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  85. 1148.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    A felony defendant must appear in person before the verdict is received, unless the court finds it is in the interest of justice to receive the verdict in the defendant’s absence. In a misdemeanor case, the verdict may be rendered while the defendant is absent.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1148. If charged with a felony the defendant must, before the verdict is received, appear in person, unless, after the exercise of reasonable diligence to procure the presence of the defendant, the court shall find that it will be in the interest of justice that the verdict be received in his absence. If for a misdemeanor, the verdict may be rendered in his absence. (Amended by Stats. 1931, Ch. 124.)
  86. 11480.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

    Verify source ↗

    The Legislature declares that preventing interruption of communication services for California users is a matter of statewide concern.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11480. The Legislature finds and declares that ensuring that California users of any communication service not have that service interrupted, and thereby be deprived of 911 access to emergency services or a means to engage in constitutionally protected expression, is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  87. 11481.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

    Verify source ↗

    This section says Article 7 does not apply to several listed communication-service interruptions, and it does not give authority for those actions beyond what other law allows.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11481. (a) This article does not apply to any of the following actions: (1) The interruption of a communication service with the consent of the affected customer. (2) The interruption of a communication service pursuant to a customer service agreement, contract, or tariff. (3) The interruption of a communication service to protect the security of the communication network or other computing resources of a government entity or service provider. (4) The interruption of a communication service to prevent unauthorized wireless communication by a prisoner in a state or local correctional facility, including a juvenile facility. (5) The interruption of a communication service to transmit an emergency notice that includes, but is not limited to, an Amber Alert, a message transmitted through the federal Emergency Alert System, or a message transmitted through the federal Wireless Emergency Alert System. (6) An interruption of a communication service pursuant to a statute that expressly authorizes an interruption of a communication service, including Sections 149 and 7099.10 of the Business and Professions Code and Sections 2876, 5322, and 5371.6 of the Public Utilities Code. (7) An interruption of communication service that results from the execution of a search warrant. (b) Nothing in this section provides authority for an action of a type listed in subdivision (a) or limits any remedy that may be available under law if an action of a type listed in subdivision (a) is taken unlawfully. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  88. 11482.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. )

    Verify source ↗

    This section says the article does not change the Public Utilities Commission’s authority.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 3. Prevention and Abatement of Unlawful Activities [11200 - 11482] ( Chapter 3 added by Stats. 1953, Ch. 35. ) ## ARTICLE 7. Interruption of Communication [11470 - 11482] ( Article 7 added by Stats. 2017, Ch. 322, Sec. 1. ) ## 11482. This article does not restrict, expand, or otherwise modify the authority of the Public Utilities Commission. (Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
  89. 1149.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    When the jury appears, the court or clerk must ask whether the jury has agreed on a verdict, and if the foreman says yes, the jury must declare the verdict when required.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1149. When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same. (Enacted 1872.)
  90. 115.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Knowingly filing, registering, or recording a false or forged instrument in a public office is a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 115. (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony. (b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section. (c) Except in unusual cases where the interests of justice would best be served if probation is granted, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons: (1) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding. (2) Any person who is convicted of more than one violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding one hundred thousand dollars ($100,000). (d) For purposes of prosecution under this section, each act of procurement or of offering a false or forged instrument to be filed, registered, or recorded shall be considered a separately punishable offense. (e) (1) After a person is convicted of a violation of this section, or a plea is entered whereby a charge alleging a violation of this section is dismissed and waiver is obtained pursuant to People v. Harvey (1979) 25 Cal.3d 754, upon written motion of the prosecuting agency, the court, after a hearing described in subdivision (f), shall issue a written order that the false or forged instrument be adjudged void ab initio if the court determines that an order is appropriate under applicable law. The order shall state whether the instrument is false or forged, or both false and forged, and describe the nature of the falsity or forgery. A copy of the instrument shall be attached to the order at the time it is issued by the court and a certified copy of the order shall be filed, registered, or recorded at the appropriate public office by the prosecuting agency. (2) (A) If the order pertains to a false or forged instrument that has been recorded with a county recorder, an order made pursuant to this section shall be recorded in the county where the affected real property is located. The order shall also reference the county recorder’s document recording number of any notice of pendency of action recorded pursuant to paragraph (2) of subdivision (f). (B) As to any order, notice of pendency of action, or withdrawal of notice of pendency of action recorded pursuant to this section, recording fees shall be waived pursuant to Section 27383 of the Government Code. (f) A prosecuting agency shall use the following procedures in filing a motion under subdivision (e): (1) Within 10 calendar days of filing a criminal complaint or indictment alleging a violation of this section, the prosecuting agency shall provide written notice by certified mail to all parties who have an interest in the property affected by the false or forged instrument, or in the instrument itself, including those described in paragraph (5). (2) (A) Within 10 calendar days of filing a criminal complaint or indictment alleging a violation of this section, the prosecuting agency shall record a notice of pendency of action in the county in which the affected real property is located. (B) Within 10 calendar days of the case being adjudicated or dismissed without obtaining an order pursuant to subdivision (e), the prosecuting agency shall record a withdrawal of the notice of pendency of action in the county where the affected real property is located. (3) The written notice and notice of pendency of action described in paragraphs (1) and (2) shall inform the interested parties that a criminal action has commenced that may result in adjudications against the false or forged instrument or the property affected by the false or forged instrument, and shall notify the interested parties of their right to be heard if a motion is brought under subdivision (e) to void the false or forged instrument. The notice shall state the street address, if available, and the legal description of the affected real property. (4) Failure of the prosecuting agency to provide written notice or record a pendency of action as required under paragraphs (1) and (2) within 10 calendar days shall not prevent the prosecuting agency from later making a motion under subdivision (e), but the court shall take the failure to provide notice or record a pendency of action as required under paragraphs (1) and (2) as reason to provide any interested parties additional time to respond to the motion. Failure of the prosecuting agency to so notify interested parties under this subdivision or record a pendency of action as required under paragraphs (1) and (2) within 10 calendar days shall create a presumption that a finding as described in paragraph (9) is necessary to protect the property rights of the interested party or parties. (5) If the instrument sought to be declared void involves real property, “interested parties” include, but are not limited to, all parties who have recorded with the county recorder in the county where the affected property is located any of the following: a deed, lien, mortgage, deed of trust, security interest, lease, or other instrument declaring an interest in, or requesting notice relating to, the property affected by the false or forged instrument as of the date of the filing of the criminal complaint or indictment. (6) Any party not required to be noticed under paragraph (1) or (5) who nonetheless notifies the prosecuting agency in writing of the party’s desire to be notified if a motion is brought under subdivision (e) to void the false or forged instrument shall be treated as an interested party as defined in paragraph (1) or (5). (7) The court shall set a hearing for the motion brought by the prosecuting agency under subdivision (e) no earlier than 90 calendar days from the date the motion is made. The prosecuting agency shall provide a copy by certified mail of the written motion and a notice of hearing to all interested parties described in paragraphs (1), (5), or (6), and all other persons who obtain an interest in the property prior to recordation of notice of pendency of action no later than 90 days before the hearing date set by the court. The notice shall state the street address, if available, and the legal description of the affected real property. (8) At a hearing on a motion brought by the prosecuting agency under subdivision (e), the defendant, prosecuting agency, and interested parties described in paragraphs (1), (5), or (6), shall have a right to be heard and present information to the court. No party shall be denied a right to present information due to a lack of notice by the prosecuting agency or failure to contact the prosecuting agency or the court prior to the hearing. (9) (A) At a hearing on a motion brought by a prosecuting agency under subdivision (e), if the court determines that the interests of justice or the need to protect the property rights of any person or party so requires, including, but not limited to, a finding that the matter may be more appropriately determined in a civil proceeding, the court may decline to make a determination under subdivision (e). (B) If, prior to the hearing on the motion, any person or party files a quiet title action that seeks a judicial determination of the validity of the same false or forged instrument that is the subject of the motion, or the status of an interested party as a bona fide purchaser of, or bona fide holder of an encumbrance on, the property affected by the false or forged instrument, the court may consider that as an additional but not dispositive factor in making its determination under subdivision (e); provided, however, that a final judgment previously entered in that quiet title action shall be followed to the extent otherwise required by law. (g) As used in this section, “prosecuting agency” means a city attorney, a district attorney, the Attorney General, or other state or local agency actively prosecuting a case under this section. (h) An order made pursuant to subdivision (e) shall be considered a judgment, and subject to appeal in accordance with, paragraph (1) of subdivision (a) of Section 904.1 of the Code of Civil Procedure. (Amended by Stats. 2014, Ch. 455, Sec. 1. (AB 1698) Effective January 1, 2015.)
  91. 115.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person must not publish or cause to be published a campaign advertisement with a signature the person knows is unauthorized, if done with intent to deceive.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 115.1. (a) The Legislature finds and declares that the voters of California are entitled to accurate representations in materials that are directed to them in efforts to influence how they vote. (b) No person shall publish or cause to be published, with intent to deceive, any campaign advertisement containing a signature that the person knows to be unauthorized. (c) For purposes of this section, “campaign advertisement” means any communication directed to voters by means of a mass mailing as defined in Section 82041.5 of the Government Code, a paid television, radio, or newspaper advertisement, an outdoor advertisement, or any other printed matter, if the expenditures for that communication are required to be reported by Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code. (d) For purposes of this section, an authorization to use a signature shall be oral or written. (e) Nothing in this section shall be construed to prohibit a person from publishing or causing to be published a reproduction of all or part of a document containing an actual or authorized signature, provided that the signature so reproduced shall not, with the intent to deceive, be incorporated into another document in a manner that falsely suggests that the person whose signature is reproduced has signed the other document. (f) Any knowing or willful violation of this section is a public offense punishable by imprisonment in a county jail not exceeding 6 months, or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. (g) As used in this section, “signature” means either of the following: (1) A handwritten or mechanical signature, or a copy thereof. (2) Any representation of a person’s name, including, but not limited to, a printed or typewritten representation, that serves the same purpose as a handwritten or mechanical signature. (Amended by Stats. 2011, Ch. 15, Sec. 248. (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.)
  92. 115.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

    Verify source ↗

    No person may publish or cause to be published a campaign ad with false or fraudulent depictions or representations of official public documents, if done with actual knowledge and intent to deceive.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 115.2. (a) No person shall publish or cause to be published, with actual knowledge, and intent to deceive, any campaign advertisement containing false or fraudulent depictions, or false or fraudulent representations, of official public documents or purported official public documents. (b) For purposes of this section, “campaign advertisement” means any communication directed to voters by means of a mass mailing as defined in Section 82041.5 of the Government Code, a paid newspaper advertisement, an outdoor advertisement, or any other printed matter, if the expenditures for that communication are required to be reported by Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code. (c) Any violation of this section is a misdemeanor punishable by imprisonment in the county jail, or by a fine not to exceed fifty thousand dollars ($50,000), or both. (Added by Stats. 1991, Ch. 1051, Sec. 2.)
  93. 115.25.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person or entity must not authorize or help authorize production or distribution of a document they know contains inaccurate emergency service phone numbers.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 115.25. (a) No person or entity shall authorize the production or distribution, or participate in the authorization of the production or distribution, of any document, including, but not limited to, any campaign advertisement, as defined in subdivision (d), that the person or entity knows contains inaccurate emergency service phone numbers for various emergency services, including, but not limited to, police, fire, or ambulance services. (b) A violation of subdivision (a) shall be an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250). (c) A violation of subdivision (a) resulting in the serious injury or death of persons who innocently rely on the erroneous phone numbers contained in the document is a misdemeanor, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (d) For purposes of this section, “campaign advertisement” means any communication directed to voters by means of a mass mailing, as defined in Section 82041.5 of the Government Code, a paid television, radio, or newspaper advertisement, an outdoor advertisement, or any other printed matter, if the expenditures for that communication are required to be reported by Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code. (Added by Stats. 1992, Ch. 1010, Sec. 1. Effective January 1, 1993.)
  94. 115.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person may not alter, or knowingly provide, an altered certified copy of an official record.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 115.3. Any person who alters a certified copy of an official record, or knowingly furnishes an altered certified copy of an official record, of this state, including the executive, legislative, and judicial branches thereof, or of any city, county, city and county, district, or political subdivision thereof, is guilty of a misdemeanor. (Added by Stats. 1984, Ch. 874, Sec. 1. Effective September 5, 1984.)
  95. 115.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

    Verify source ↗

    It is an offence to file a false or forged document with the county recorder in the specified real-property context, and to make a false sworn statement to a notary public to induce an improper notarial act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 115.5. (a) Every person who files any false or forged document or instrument with the county recorder which affects title to, places an encumbrance on, or places an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the document is false or forged, is punishable, in addition to any other punishment, by a fine not exceeding seventy-five thousand dollars ($75,000). (b) Every person who makes a false sworn statement to a notary public, with knowledge that the statement is false, to induce the notary public to perform an improper notarial act on an instrument or document affecting title to, or placing an encumbrance on, real property consisting of a single-family residence containing not more than four dwelling units is guilty of a felony. (Added by Stats. 1984, Ch. 1397, Sec. 9.)
  96. 1150.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    The jury must return a general verdict, but in some felony cases where it is unsure about the legal effect of the proven facts, it may return a special verdict unless the trial is for libel.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1150. The jury must render a general verdict, except that in a felony case, when they are in doubt as to the legal effect of the facts proved, they may, except upon a trial for libel, find a special verdict. (Amended by Stats. 1998, Ch. 931, Sec. 390. Effective September 28, 1998.)
  97. 11500.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. )

    Verify source ↗

    This title states that funding is provided for statewide education, training, and research programs for local public prosecutors and public defenders.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. ) ## 11500. The purpose of this title is to improve the administration of criminal justice by providing funding for statewide programs of education, training, and research for local public prosecutors and public defenders. (Added by Stats. 1982, Ch. 116, Sec. 1. Effective March 16, 1982.)
  98. 11501.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. )

    Verify source ↗

    A financial assistance program is established in the Office of Emergency Services for statewide education, training, and research programs for local public prosecutors and public defenders.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. ) ## 11501. (a) There is hereby established in the Office of Emergency Services, a program of financial assistance to provide for statewide programs of education, training, and research for local public prosecutors and public defenders. All funds made available to the office for the purposes of this chapter shall be administered and distributed by the Director of Emergency Services. (b) The Director of Emergency Services is authorized to allocate and award funds to public agencies or private nonprofit organizations for purposes of establishing statewide programs of education, training, and research for public prosecutors and public defenders, which programs meet criteria established pursuant to Section 11502. (Amended by Stats. 2013, Ch. 352, Sec. 423. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  99. 11502.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. )

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    This section sets up how California’s prosecutor and public defender training programs are developed, administered, and funded.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. ) ## 11502. (a) Criteria for selection of education, training, and research programs for local public prosecutors and public defenders shall be developed by the Office of Emergency Services in consultation with an advisory group entitled the Prosecutors and Public Defenders Education and Training Advisory Committee. (b) The Prosecutors and Public Defenders Education and Training Advisory Committee shall be composed of six local public prosecutors and six local public defender representatives, all of whom are appointed by the Director of Emergency Services, who shall provide staff services to the advisory committee. In appointing the members of the committee, the director shall invite the Attorney General, the State Public Defender, the Speaker of the Assembly, and the Senate President pro Tempore to participate as ex officio members of the committee. (c) The Office of Emergency Services, in consultation with the advisory committee, shall develop specific guidelines including criteria for selection of organizations to provide education, training, and research services. (d) In determining the equitable allocation of funds between prosecution and defense functions, the Office of Emergency Services and the advisory committee shall give consideration to the amount of local government expenditures on a statewide basis for the support of those functions. (e) The administration of the overall program shall be performed by the Office of Emergency Services. The office may, out of any appropriation for this program, expend an amount not to exceed 7.5 percent for any fiscal year for those purposes. (f) No funds appropriated pursuant to this title shall be used to support a legislative advocate. (g) To the extent necessary to meet the requirements of the State Bar of California relating to certification of training for legal specialists, the executive director shall ensure that, where appropriate, all programs funded under this title are open to all members of the State Bar of California. The program guidelines established pursuant to subdivision (c) shall provide for the reimbursement of costs for all participants deemed eligible by the Office of Emergency Services, in conjunction with the Legal Training Advisory Committee, by means of course attendance. (Amended by Stats. 2013, Ch. 352, Sec. 424. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  100. 11503.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. )

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    This section creates the Local Public Prosecutors and Public Defenders Training Fund in the State Treasury.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. ) ## 11503. There is hereby created in the State Treasury the Local Public Prosecutors and Public Defenders Training Fund for the support of the Prosecutors and Public Defenders Education and Training Program, established pursuant to this title. (Added by Stats. 1986, Ch. 40, Sec. 1. Effective March 31, 1986.)
  101. 11504.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. )

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    If money is appropriated for it, the Office of Emergency Services must allocate financial resources for statewide education, training, and research programs for local public prosecutors and public defenders.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS [11500 - 11504] ( Title 1.5 added by Stats. 1982, Ch. 116, Sec. 1. ) ## 11504. To the extent funds are appropriated from the Assessment Fund to the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503, the Office of Emergency Services shall allocate financial resources for statewide programs of education, training, and research for local public prosecutors and public defenders. (Amended by Stats. 2013, Ch. 352, Sec. 425. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  102. 1151.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    This section says what labels a general verdict can take for different pleas and acquittal situations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1151. A general verdict upon a plea of not guilty is either “guilty” or “not guilty,” which imports a conviction or acquittal of the offense charged in the accusatory pleading. Upon a plea of a former conviction or acquittal of the offense charged, or upon a plea of once in jeopardy, the general verdict is either “for the people” or “for the defendant.” When the defendant is acquitted on the ground of a variance between the accusatory pleading and the proof, the verdict is “not guilty by reason of variance between charge and proof.” (Amended by Stats. 1951, Ch. 1674.)
  103. 1152.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    A special verdict requires the jury to state only the facts, not the evidence, and leave the judgment to the court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1152. A special verdict is that by which the jury find the facts only, leaving the judgment to the Court. It must present the conclusions of fact as established by the evidence, and not the evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the Court but to draw conclusions of law upon them. (Enacted 1872.)
  104. 1153.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    The jury must reduce the special verdict to writing, or have it entered on the court minutes in their presence, read to the jury, and agreed to by them before they are discharged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1153. The special verdict must be reduced to writing by the jury, or in their presence entered upon the minutes of the Court, read to the jury and agreed to by them, before they are discharged. (Enacted 1872.)
  105. 1154.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    A special verdict does not have to use any particular form, as long as it clearly states the facts found by the jury.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1154. The special verdict need not be in any particular form, but is sufficient if it presents intelligibly the facts found by the jury. (Amended by Stats. 1987, Ch. 828, Sec. 65.)
  106. 1155.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    The court must enter judgment on a special verdict according to the verdict’s facts.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1155. The court must give judgment upon the special verdict as follows: 1. If the plea is not guilty, and the facts prove the defendant guilty of the offense charged in the indictment or information, or of any other offense of which he could be convicted under that indictment or information, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given. 2. If the plea is a former conviction or acquittal or once in jeopardy of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal or jeopardy. (Amended by Stats. 1951, Ch. 1674.)
  107. 1156.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If a jury’s special verdict is incomplete or only states facts without the needed conclusions, the court must send the jury back to return another special verdict, and may explain the defect and the needed form.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1156. If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact, from the evidence, as established to their satisfaction, the court shall direct the jury to retire and return another special verdict. The court may explain to the jury the defect or insufficiency in the special verdict returned, and the form which the special verdict to be returned must take. (Amended by Stats. 1927, Ch. 602.)
  108. 1157.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If a convicted offense has degrees, the jury—or the court if jury trial is waived—must decide which degree applies.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1157. Whenever a defendant is convicted of a crime or attempt to commit a crime which is distinguished into degrees, the jury, or the court if a jury trial is waived, must find the degree of the crime or attempted crime of which he is guilty. Upon the failure of the jury or the court to so determine, the degree of the crime or attempted crime of which the defendant is guilty, shall be deemed to be of the lesser degree. (Amended by Stats. 1978, Ch. 1166.)
  109. 1158.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If a prior conviction is alleged and the defendant is found guilty, the jury or judge must determine whether the prior conviction happened unless the defendant admits it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1158. Whenever the fact of a previous conviction of another offense is charged in an accusatory pleading, and the defendant is found guilty of the offense with which he is charged, the jury, or the judge if a jury trial is waived, must unless the answer of the defendant admits such previous conviction, find whether or not he has suffered such previous conviction. The verdict or finding upon the charge of previous conviction may be: “We (or I) find the charge of previous conviction true” or “We (or I) find the charge of previous conviction not true,” according as the jury or the judge find that the defendant has or has not suffered such conviction. If more than one previous conviction is charged a separate finding must be made as to each. (Amended by Stats. 1951, Ch. 1674.)
  110. 1158a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If armed-status or firearm-use is charged and the defendant is found guilty, the jury must also decide that issue and return a separate verdict for each count.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1158a. (a) Whenever the fact that a defendant was armed with a weapon either at the time of his commission of the offense or at the time of his arrest, or both, is charged in accordance with section 969c of this code, in any count of the indictment or information to which the defendant has entered a plea of not guilty, the jury, if they find a verdict of guilty of the offense with which the defendant is charged, or of any offense included therein, must also find whether or not the defendant was armed as charged in the count to which the plea of not guilty was entered. The verdict of the jury upon a charge of being armed may be: “We find the charge of being armed contained in the ____ count true,” or “We find the charge of being armed contained in the ____ count not true,” as they find that the defendant was or was not armed as charged in any particular count of the indictment or information. A separate verdict upon the charge of being armed must be returned for each count which alleges that the defendant was armed. (b) Whenever the fact that a defendant used a firearm is charged in accordance with Section 969d in any count of the indictment or information to which the defendant has entered a plea of not guilty, the jury if they find a verdict of guilty of the offense with which the defendant is charged must also find whether or not the defendant used a firearm as charged in the count to which the plea of not guilty was entered. A verdict of the jury upon a charge of using a firearm may be: “We find the charge of using a firearm contained in the ____ count true,” or “We find the charge of using a firearm contained in the ____ count not true,” as they find that the defendant used or did not use a firearm as charged in any particular count of the indictment or information. A separate verdict upon the charge of using a firearm shall be returned for each count which alleges that defendant used a firearm. (Amended by Stats. 1972, Ch. 1131, Sec. 2.)
  111. 1159.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    The jury, or the judge if a jury trial is waived, may find the defendant guilty of a lesser included offense or of an attempt to commit the offense charged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1159. The jury, or the judge if a jury trial is waived, may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense. (Amended by Stats. 1951, Ch. 1674.)
  112. 116.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

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    It is a felony for any person to alter, remove, destroy, mutilate, deface, or change county jury-selection names or related papers, except where the law allows it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 116. Every person who adds any names to the list of persons selected to serve as jurors for the county, either by placing the names in the jury box or otherwise, or extracts any name therefrom, or destroys the jury box or any of the pieces of paper containing the names of jurors, or mutilates or defaces the names so that they cannot be read, or changes the names on the pieces of paper, except in cases allowed by law, is guilty of a felony. (Amended by Stats. 1989, Ch. 1360, Sec. 104.)
  113. 116.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

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    This section makes it a crime to tamper with a jury by exchanging payments or benefits for information related to a case, during the period before or within 90 days after the jury is discharged.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 116.5. (a) A person is guilty of tampering with a jury when, prior to, or within 90 days of, discharge of the jury in a criminal proceeding, he or she does any of the following: (1) Confers, or offers or agrees to confer, any payment or benefit upon a juror or upon a third person who is acting on behalf of a juror in consideration for the juror or third person supplying information in relation to an action or proceeding. (2) Acting on behalf of a juror, accepts or agrees to accept any payment or benefit for himself or herself or for the juror in consideration for supplying any information in relation to an action or proceeding. (3) Acting on behalf of himself or herself, agrees to accept, directly or indirectly, any payment or benefit in consideration for supplying any information in relation to an action or proceeding. (b) Any person who violates this section is guilty of a misdemeanor. (c) In the case of a juror who is within 90 days of having been discharged, otherwise lawful compensation not exceeding fifty dollars ($50) in value shall not constitute a criminal violation of this section. (d) Upon conviction under this section, in addition to the penalty described in subdivision (b), any compensation received in violation of this section shall be forfeited by the defendant and deposited in the Victim Restitution Fund. (Added by Stats. 1994, Ch. 869, Sec. 2. Effective January 1, 1995.)
  114. 1160.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If a jury cannot agree on all charges or all jointly charged defendants, it may return verdicts on the parts it does agree on.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1160. On a charge against two or more defendants jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to the defendant or defendants in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the other may be tried again. Where two or more offenses are charged in any accusatory pleading, if the jury cannot agree upon a verdict as to all of them, they may render a verdict as to the charge or charges upon which they do agree, and the charges on which they do not agree may be tried again. (Amended by Stats. 1951, Ch. 1674.)
  115. 1161.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    The court may tell the jury to reconsider a conviction verdict if it thinks the jury misunderstood the law, but it cannot require reconsideration of an acquittal. It may also send back a verdict that is neither general nor special until the jury states its intent clearly.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1161. When there is a verdict of conviction, in which it appears to the Court that the jury have mistaken the law, the Court may explain the reason for that opinion and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered; but when there is a verdict of acquittal, the Court cannot require the jury to reconsider it. If the jury render a verdict which is neither general nor special, the Court may direct them to reconsider it, and it cannot be recorded until it is rendered in some form from which it can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially and to leave the judgment to the Court. (Enacted 1872.)
  116. 1162.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If the jury returns an informal verdict that clearly favors the defendant, the court must enter it as found and give acquittal. A conviction is not allowed unless the jury expressly finds against the defendant or there is a special verdict.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1162. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the Court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict. (Enacted 1872.)
  117. 1163.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    After a verdict is returned but before it is recorded, either party may request a jury poll, and each juror must be asked whether it is their verdict.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1163. When a verdict is rendered, and before it is recorded, the jury may be polled, at the request of either party, in which case they must be severally asked whether it is their verdict, and if any one answer in the negative, the jury must be sent out for further deliberation. (Enacted 1872.)
  118. 1164.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    The clerk must record a receivable verdict in full, and the court must verify the jury’s status on the record before the jury is discharged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1164. (a) When the verdict given is receivable by the court, the clerk shall record it in full upon the minutes, and if requested by any party shall read it to the jury, and inquire of them whether it is their verdict. If any juror disagrees, the fact shall be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury shall, subject to subdivision (b), be discharged from the case. (b) No jury shall be discharged until the court has verified on the record that the jury has either reached a verdict or has formally declared its inability to reach a verdict on all issues before it, including, but not limited to, the degree of the crime or crimes charged, and the truth of any alleged prior conviction whether in the same proceeding or in a bifurcated proceeding. (Amended by Stats. 1990, Ch. 800, Sec. 1.)
  119. 1165.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If the defendant wins on a general verdict or court finding, the court must promptly enter a judgment of acquittal; if the defendant is in custody and otherwise not held for another legal reason, the defendant must be released. The court may keep the defendant detained only in the specific variance/new accusatory pleading situation.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1165. Where a general verdict is rendered or a finding by the court is made in favor of the defendant, except on a plea of not guilty by reason of insanity, a judgment of acquittal must be forthwith given. If such judgment is given, or a judgment imposing a fine only, without imprisonment for nonpayment is given, and the defendant is not detained for any other legal cause, he must be discharged, if in custody, as soon as the judgment is given, except that where the acquittal is because of a variance between the pleading and the proof which may be obviated by a new accusatory pleading, the court may order his detention, to the end that a new accusatory pleading may be preferred, in the same manner and with like effect as provided in Section 1117. (Amended by Stats. 1951, Ch. 1674.)
  120. 1166.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    After a verdict against the defendant, the defendant is generally remanded or committed, and bail may be continued only if the court decides public-safety factors support release. For certain serious offenses, the judicial officer must remand the person. If bail money was deposited, it must be refunded when the defendant is committed or remanded.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1166. (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, they shall be remanded, if in custody, or if on bail they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. (b) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded. (c) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant. (Amended by Stats. 2023, Ch. 545, Sec. 1. (AB 791) Effective January 1, 2024.)
  121. 1167.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    If a jury trial is waived, the judge or justice must announce the findings on the facts at the end of the trial and have them entered in the minutes.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1167. When a jury trial is waived, the judge or justice before whom the trial is had shall, at the conclusion thereof, announce his findings upon the issues of fact, which shall be in substantially the form prescribed for the general verdict of a jury and shall be entered upon the minutes. (Added by Stats. 1951, Ch. 1674.)
  122. 1168.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. )

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    This section sends certain offenders to Chapter 4.5 sentencing rules, unless probation, a new trial, or suspension of sentence applies, and says the court may not set the prison term in covered cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4. The Verdict or Finding [1147 - 1168] ( Heading of Chapter 4 amended by Stats. 1951, Ch. 1674. ) ## 1168. (a) Every person who commits a public offense, for which any specification of three time periods of imprisonment in any state prison or imprisonment pursuant to subdivision (h) of Section 1170 is now prescribed by law or for which only a single term of imprisonment in state prison or imprisonment pursuant to subdivision (h) of Section 1170 is specified shall, unless such convicted person be placed on probation, a new trial granted, or the imposing of sentence suspended, be sentenced pursuant to Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2. (b) For any person not sentenced under such provision, but who is sentenced to be imprisoned in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, including imprisonment not exceeding one year and one day, the court imposing the sentence shall not fix the term or duration of the period of imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 449. (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.)
  123. 117.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. )

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    People responsible for certifying juror lists must not certify false or incorrect lists or include names not selected, and they must also copy the exact certified names into the jury box when required to do so.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents [112 - 117] ( Chapter 4 enacted 1872. ) ## 117. Every officer or person required by law to certify to the list of persons selected as jurors who maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony. (Enacted 1872.)
  124. 1170.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section sets sentencing rules for the court, including when it must impose specified prison terms, when it may use a higher term, when it must use the lower term, and when a person may seek recall and resentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170. (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, the deprivation of liberty satisfies the punishment purpose of sentencing. Therefore, the carceral system should not, except as incidental to justifiable separation or the maintenance of discipline, aggravate the suffering inherent while experiencing imprisonment. The essential purpose of incarceration is rehabilitation and successful community reintegration achieved through education, treatment, and active participation in rehabilitative and restorative justice programs. This purpose is best served by terms that are proportionate to the seriousness of the offense with provision for uniformity in the sentences of people incarcerated for committing the same offense under similar circumstances. These purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the promotion of personal growth for all residents and the reintegration of a person into society upon release so that they can lead a law-abiding and self-supporting life, reducing recidivism. (2) The Legislature further finds and declares that programs should be available for incarcerated persons, including, but not limited to, educational, rehabilitative, and restorative justice programs that are designed to promote behavioral change and to prepare all incarcerated persons for successful reentry into the community. The Legislature encourages the development of policies and programs designed to educate and rehabilitate all incarcerated persons. These programs, activities, and services should be delivered in line with the individual treatment needs of incarcerated persons. (3) In any case in which the sentence prescribed by statute for a person convicted of a public offense is a term of imprisonment in the state prison, or a term pursuant to subdivision (h), of any specification of three time periods, the court shall sentence the defendant to one of the terms of imprisonment specified unless the convicted person is given any other disposition provided by law, including a fine, jail, probation, or the suspension of imposition or execution of sentence or is sentenced pursuant to subdivision (b) of Section 1168 because they had committed their crime prior to July 1, 1977. In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council. The court, unless it determines that there are circumstances in mitigation of the sentence prescribed, shall also impose any other term that it is required by law to impose as an additional term. Nothing in this article shall affect any provision of law that imposes the death penalty, that authorizes or restricts the granting of probation or suspending the execution or imposition of sentence, or expressly provides for imprisonment in the state prison for life, except as provided in subdivision (d). In any case in which the amount of preimprisonment credit under Section 2900.5 or any other provision of law is equal to or exceeds any sentence imposed pursuant to this chapter, except for a remaining portion of mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h), the entire sentence shall be deemed to have been served, except for the remaining period of mandatory supervision, and the defendant shall not be actually delivered to the custody of the secretary or the county correctional administrator. The court shall advise the defendant that they shall serve an applicable period of parole, postrelease community supervision, or mandatory supervision and order the defendant to report to the parole or probation office closest to the defendant’s last legal residence, unless the in-custody credits equal the total sentence, including both confinement time and the period of parole, postrelease community supervision, or mandatory supervision. The sentence shall be deemed a separate prior prison term or a sentence of imprisonment in a county jail under subdivision (h) for purposes of Section 667.5, and a copy of the judgment and other necessary documentation shall be forwarded to the secretary. (b) (1) When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in paragraph (2). (2) The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation of the crime that justify the imposition of a term of imprisonment exceeding the middle term and the facts underlying those circumstances have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. Except where evidence supporting an aggravating circumstance is admissible to prove or defend against the charged offense or enhancement at trial, or it is otherwise authorized by law, upon request of a defendant, trial on the circumstances in aggravation alleged in the indictment or information shall be bifurcated from the trial of charges and enhancements. The jury shall not be informed of the bifurcated allegations until there has been a conviction of a felony offense. (3) Notwithstanding paragraphs (1) and (2), the court may consider the defendant’s prior convictions in determining sentencing based on a certified record of conviction without submitting the prior convictions to a jury. This paragraph does not apply to enhancements imposed on prior convictions. (4) At least four days prior to the time set for imposition of judgment, either party or the victim, or the family of the victim if the victim is deceased, may submit a statement in aggravation or mitigation to dispute facts in the record or the probation officer’s report or to present additional facts. The court may consider the record in the case, the probation officer’s report, other reports, including reports received pursuant to Section 1203.03, and statements in aggravation or mitigation submitted by the prosecution, the defendant, or the victim, or the family of the victim if the victim is deceased, and any further evidence introduced at the sentencing hearing. (5) The court shall set forth on the record the facts and reasons for choosing the sentence imposed. The court may not impose an upper term by using the fact of any enhancement upon which sentence is imposed under any provision of law. A term of imprisonment shall not be specified if imposition of sentence is suspended. (6) Notwithstanding paragraph (1), and unless the court finds that the aggravating circumstances outweigh the mitigating circumstances that imposition of the lower term would be contrary to the interests of justice, the court shall order imposition of the lower term if any of the following was a contributing factor in the commission of the offense: (A) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. (B) The person is a youth or was a youth as defined under subdivision (b) of Section 1016.7 at the time of the commission of the offense. (C) Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking. (7) Paragraph (6) does not preclude the court from imposing the lower term even if there is no evidence of those circumstances listed in paragraph (6) present. (c) The court shall state the reasons for its sentence choice on the record at the time of sentencing. The court shall also inform the defendant that as part of the sentence after expiration of the term they may be on parole for a period as provided in Section 3000 or 3000.08 or postrelease community supervision for a period as provided in Section 3451. (d) (1) (A) When a defendant who was under 18 years of age at the time of the commission of the offense for which the defendant was sentenced to imprisonment for life without the possibility of parole has been incarcerated for at least 15 years, the defendant may submit to the sentencing court a petition for recall and resentencing. (B) Notwithstanding subparagraph (A), this paragraph shall not apply to defendants sentenced to life without parole for an offense where it was pled and proved that the defendant tortured, as described in Section 206, their victim or the victim was a public safety official, including any law enforcement personnel mentioned in Chapter 4.5 (commencing with Section 830) of Title 3, or any firefighter as described in Section 245.1, as well as any other officer in any segment of law enforcement who is employed by the federal government, the state, or any of its political subdivisions. (2) The defendant shall file the original petition with the sentencing court. A copy of the petition shall be served on the agency that prosecuted the case. The petition shall include the defendant’s statement that the defendant was under 18 years of age at the time of the crime and was sentenced to life in prison without the possibility of parole, the defendant’s statement describing their remorse and work towards rehabilitation, and the defendant’s statement that one of the following is true: (A) The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law. (B) The defendant does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense for which the sentence is being considered for recall. (C) The defendant committed the offense with at least one adult codefendant. (D) The defendant has performed acts that tend to indicate rehabilitation or the potential for rehabilitation, including, but not limited to, availing themselves of rehabilitative, educational, or vocational programs, if those programs have been available at their classification level and facility, using self-study for self-improvement, or showing evidence of remorse. (3) If any of the information required in paragraph (2) is missing from the petition, or if proof of service on the prosecuting agency is not provided, the court shall return the petition to the defendant and advise the defendant that the matter cannot be considered without the missing information. (4) A reply to the petition, if any, shall be filed with the court within 60 days of the date on which the prosecuting agency was served with the petition unless a continuance is granted for good cause. (5) If the court finds by a preponderance of the evidence that one or more of the statements specified in subparagraphs (A) to (D), inclusive, of paragraph (2) is true, the court shall recall the sentence and commitment previously ordered and hold a hearing to resentence the defendant in the same manner as if the defendant had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. Victims, or victim family members if the victim is deceased, shall retain the rights to participate in the hearing. (6) The factors that the court may consider when determining whether to resentence the defendant to a term of imprisonment with the possibility of parole include, but are not limited to, the following: (A) The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law. (B) The defendant does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense for which the defendant was sentenced to life without the possibility of parole. (C) The defendant committed the offense with at least one adult codefendant. (D) Prior to the offense for which the defendant was sentenced to life without the possibility of parole, the defendant had insufficient adult support or supervision and had suffered from psychological or physical trauma or significant stress. (E) The defendant suffers from cognitive limitations due to mental illness, developmental disabilities, or other factors that did not constitute a defense but influenced the defendant’s involvement in the offense. (F) The defendant has performed acts that tend to indicate rehabilitation or the potential for rehabilitation, including, but not limited to, availing themselves of rehabilitative, educational, or vocational programs, if those programs have been available at their classification level and facility, using self-study for self-improvement, or showing evidence of remorse. (G) The defendant has maintained family ties or connections with others through letter writing, calls, or visits or has eliminated contact with individuals outside of prison who are currently involved with crime. (H) The defendant has had no disciplinary actions for violent activities in the last five years in which the defendant was determined to be the aggressor. (7) The court shall have the discretion to resentence the defendant in the same manner as if the defendant had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. The discretion of the court shall be exercised in consideration of the criteria in paragraph (6). Victims, or victim family members if the victim is deceased, shall be notified of the resentencing hearing and shall retain their rights to participate in the hearing. (8) Notwithstanding paragraph (7), the court may also resentence the defendant to a term that is less than the initial sentence if any of the following were a contributing factor in the commission of the alleged offense: (A) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. (B) The person is a youth or was a youth as defined under subdivision (b) of Section 1016.7 at the time of the commission of the offense. (C) Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking. (9) Paragraph (8) does not prohibit the court from resentencing the defendant to a term that is less than the initial sentence, even if none of the circumstances listed in paragraph (8) are present. (10) If the sentence is not recalled or the defendant is resentenced to imprisonment for life without the possibility of parole, the defendant may submit another petition for recall and resentencing to the sentencing court when the defendant has been committed to the custody of the department for at least 20 years. If the sentence is not recalled or the defendant is resentenced to imprisonment for life without the possibility of parole under that petition, the defendant may file another petition after having served 24 years. The final petition may be submitted, and the response to that petition shall be determined, during the 25th year of the defendant’s sentence. (11) In addition to the criteria in paragraph (6), the court may consider any other criteria that the court deems relevant to its decision, so long as the court identifies them on the record, provides a statement of reasons for adopting them, and states why the defendant does or does not satisfy the criteria. (12) This subdivision shall have retroactive application. (13) Nothing in this paragraph is intended to diminish or abrogate any rights or remedies otherwise available to the defendant. (e) Notwithstanding subdivision (a), the court may recall and resentence an incarcerated person pursuant to the compassionate release program set forth in Section 1172.2. (f) Notwithstanding any other provision of this section, for purposes of paragraph (3) of subdivision (h), an allegation that a defendant is eligible for state prison due to a prior or current conviction, sentence enhancement, or because the defendant is required to register as a sex offender shall not be subject to dismissal pursuant to Section 1385. (g) A sentence to the state prison for a determinate term for which only one term is specified is a sentence to state prison under this section. (h) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years. (2) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense. (3) Notwithstanding paragraphs (1) and (2), where the defendant (A) has a prior or current felony conviction for a serious felony described in subdivision (c) of Section 1192.7 or a prior or current conviction for a violent felony described in subdivision (c) of Section 667.5, (B) has a prior felony conviction in another jurisdiction for an offense that has all the elements of a serious felony described in subdivision (c) of Section 1192.7 or a violent felony described in subdivision (c) of Section 667.5, (C) is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime and as part of the sentence an enhancement pursuant to Section 186.11 is imposed, an executed sentence for a felony punishable pursuant to this subdivision shall be served in the state prison. (4) Nothing in this subdivision shall be construed to prevent other dispositions authorized by law, including pretrial diversion, deferred entry of judgment, or an order granting probation pursuant to Section 1203.1. (5) (A) Unless the court finds, in the interest of justice, that it is not appropriate in a particular case, the court, when imposing a sentence pursuant to paragraph (1) or (2), shall suspend execution of a concluding portion of the term for a period selected at the court’s discretion. (B) The portion of a defendant’s sentenced term that is suspended pursuant to this paragraph shall be known as mandatory supervision, and, unless otherwise ordered by the court, shall commence upon release from physical custody or an alternative custody program, whichever is later. During the period of mandatory supervision, the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation for the remaining unserved portion of the sentence imposed by the court. The period of supervision shall be mandatory and may not be earlier terminated, except by court order. Any proceeding to revoke or modify mandatory supervision under this subparagraph shall be conducted pursuant to either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3. During the period when the defendant is under that supervision, unless in actual custody related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment imposed by the court. Any time period that is suspended because a person has absconded shall not be credited toward the period of supervision. A defendant who is subject to search or seizure as part of the terms and conditions of mandatory supervision, is subject to search or seizure only by a probation officer or other peace officer. (6) When the court is imposing a judgment pursuant to this subdivision concurrent or consecutive to a judgment or judgments previously imposed pursuant to this subdivision in another county or counties, the court rendering the second or other subsequent judgment shall determine the county or counties of incarceration and supervision of the defendant. (7) The sentencing changes made by the act that added this subdivision shall be applied prospectively to any person sentenced on or after October 1, 2011. (8) The sentencing changes made to paragraph (5) by the act that added this paragraph shall become effective and operative on January 1, 2015, and shall be applied prospectively to any person sentenced on or after January 1, 2015. (9) Notwithstanding the separate punishment for any enhancement, any enhancement shall be punishable in a county jail or state prison as required by the underlying offense and not as would be required by the enhancement. The intent of the Legislature in enacting this paragraph is to abrogate the holding in People v. Vega (2014) 222 Cal.App.4th 1374, that if an enhancement specifies service of sentence in state prison, the entire sentence is served in state prison, even if the punishment for the underlying offense is a term of imprisonment in the county jail. (Amended by Stats. 2025, Ch. 225, Sec. 2. (SB 551) Effective January 1, 2026.)
  125. 1170.02.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    A prisoner convicted of first-degree murder is not eligible for resentence or recall under Section 1172.2 if the victim was a peace officer killed in the line of duty, or was a peace officer or former peace officer intentionally killed in retaliation for official duties, with knowledge requirements in the first scenario.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.02. A prisoner is not eligible for resentence or recall pursuant to Section 1172.2 if they were convicted of first-degree murder, if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of their duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of their duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections and was intentionally killed in retaliation for the performance of their official duties. (Amended by Stats. 2023, Ch. 131, Sec. 156. (AB 1754) Effective January 1, 2024.)
  126. 1170.05.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    The Secretary of Corrections and Rehabilitation may offer an alternative custody program for eligible inmates instead of prison confinement, and participants must follow program rules and can be returned to custody if they violate them.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.05. (a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation may offer a program under which inmates, as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to state prison may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Under this program, one day of participation in an alternative custody program shall be in lieu of one day of incarceration in the state prison. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit pursuant to subdivision (a) of Section 2932. The department may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. (b) As used in this section, an alternative custody program shall include, but not be limited to, the following: (1) Confinement to a residential home during the hours designated by the department. (2) Confinement to a residential drug or treatment program during the hours designated by the department. (3) Confinement to a transitional care facility that offers appropriate services. (c) Except as provided by subdivision (d), only inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170 are eligible to participate in the alternative custody program authorized by this section. (d) An inmate committed to the state prison who meets any of the following criteria is not eligible to participate in the alternative custody program: (1) The person has a current conviction for a violent felony as defined in Section 667.5. (2) The person has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8. (3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. (4) The person was screened by the department using a validated risk assessment tool and determined to pose a high risk to commit a violent offense. (5) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility. (e) An alternative custody program shall include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of such a conversation is to be used solely for the purposes of voice identification. (f) (1) In order to implement alternative custody for the population specified in subdivision (c), the department shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while the participant takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate. (2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision. (g) The secretary shall prescribe reasonable rules and regulations under which the alternative custody program shall operate. The department shall adopt regulations necessary to effectuate this section, including emergency regulations as provided under Section 5058.3 and adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The participant shall be informed in writing that compliance with the rules and regulations of the program is required, including, but not limited to, the following rules: (1) The participant shall remain within the interior premises of the participant’s residence during the hours designated by the secretary or the secretary’s designee. (2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the secretary or the secretary’s designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of detention. Prior to participation in the alternative custody program, all participants shall agree, in writing, to these terms and conditions. (3) The secretary or the secretary’s designee may immediately retake the participant into custody to serve the balance of the participant’s sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section. (h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the secretary or the secretary’s designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence. (i) This section does not require the secretary or the secretary’s designee to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an alternative custody program only if the secretary or the secretary’s designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules and regulations prescribed by the secretary. (1) The rules and regulations and administrative policies of the program shall be written and shall be given or made available to the participant upon assignment to the alternative custody program. (2) The secretary or the secretary’s designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody. (3) An inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in an alternative custody program authorized by this section. (j) The secretary or the secretary’s designee shall establish a timeline for the application process. The secretary or the secretary’s designee shall respond to an applicant within two weeks of receiving the application to inform the inmate that the application was received, and to notify the inmate of the eligibility criteria of the program. The secretary or the secretary’s designee shall provide a written notice to the inmate of acceptance or denial into the program. The individualized treatment and rehabilitation plan described in subdivision (f) shall be developed, in consultation with the inmate, after the applicant has been found potentially eligible for participation in the program and no later than 30 calendar days after the potential eligibility determination. Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program or, if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. The secretary or the secretary’s designee shall maintain a record of the application and notice of denials for participation. The inmate may appeal the decision through normal grievance procedures or reapply for participation in the program 30 days after the notice of the denial. (k) The secretary or the secretary’s designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which the participant is authorized to be away from the place of detention pursuant to this section, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device shall subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 2932, or to discipline for violation of rules established by the secretary. (l) (1) Notwithstanding any other law, the secretary or the secretary’s designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside. (2) The information required by paragraph (1) shall consist of the following: (A) The participant’s name, address, and date of birth. (B) The offense committed by the participant. (C) The period of time the participant will be subject to an alternative custody program. (3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community. (m) It is the intent of the Legislature that the alternative custody program established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the secretary may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. A public agency or entity entering into a contract may not itself employ a person who is in an alternative custody program. The department shall determine the recidivism rate of each participant in an alternative custody program. (n) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that the inmate may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program. (o) (1) The secretary or the secretary’s designee shall assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. (2) To the extent not covered by a participant’s health care coverage, the state shall retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. (p) The secretary shall adopt emergency regulations specifically governing participants in this program. (q) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section that can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable. (Amended by Stats. 2019, Ch. 256, Sec. 11. (SB 781) Effective January 1, 2020.)
  127. 1170.06.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    County jail inmates may be placed in a voluntary alternative custody program instead of jail time, but only if they meet the section’s eligibility rules and agree to the program conditions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.06. (a) Notwithstanding any other law, a sheriff or a county director of corrections is authorized to offer a program under which inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to a county jail may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in a county jail. Under this program, one day of participation is in lieu of one day of incarceration in a county jail. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in a county jail, and are subject to denial and loss of credit pursuant to subdivision (d) of Section 4019. The sheriff or the county director of corrections may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. (b) As used in this section, an alternative custody program shall include, but is not limited to, the following: (1) Confinement to a residential home during the hours designated by the sheriff or the county director of corrections. (2) Confinement to a residential drug or treatment program during the hours designated by the county sheriff or the county director of corrections. (3) Confinement to a transitional care facility that offers appropriate services. (4) Confinement to a mental health clinic or hospital that offers appropriate mental health services. (c) Except as provided by subdivision (d), inmates sentenced to a county jail for a determinate term of imprisonment pursuant to a misdemeanor or a felony pursuant to subdivision (h) of Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section. (d) An inmate committed to a county jail who meets any of the following criteria is not eligible to participate in the alternative custody program: (1) The person was screened by the sheriff or the county director of corrections using a validated risk assessment tool and determined to pose a high risk to commit a violent offense. (2) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility. (3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5. (commencing with Section 290) of Title 9 of Part 1. (e) An alternative custody program may include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of the conversation is to be used solely for the purposes of voice identification. (f) (1) In order to implement alternative custody for the population specified in subdivision (c), the sheriff or the county director of corrections shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the sheriff or the county director of corrections shall prioritize the use of evidence-based programs and services that will aid in the participant’s successful reentry into society while he or she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate. (2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision. (g) The sheriff or the county director of corrections shall prescribe reasonable rules to govern the operation of the alternative custody program. Each participant shall be informed in writing that he or she is required to comply with the rules of the program, including, but not limited to, the following rules: (1) The participant shall remain within the interior premises of his or her residence during the hours designated by the sheriff or his or her designee or the county director of corrections or his or her designee. (2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the sheriff or his or her designee or the county director of corrections or his or her designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of his or her detention. Prior to participation in the alternative custody program, each participant shall agree in writing to these terms and conditions. (3) The sheriff or his or her designee, or the county director of corrections or his or her designee, may immediately retake the participant into custody to serve the balance of his or her sentence if an electronic monitoring or supervising device is unable for any reason to properly perform its function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the criteria under this section. (h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that a required electronic monitoring device is unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the sheriff or his or her designee, or the county director of corrections or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence. (i) This section shall not be construed to require a sheriff or his or her designee, or a county director of corrections or his or her designee, to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate shall be eligible for participation in an alternative custody program only if the sheriff or his or her designee or the county director of corrections or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules prescribed by the sheriff or the county director of corrections. (1) The rules and administrative policies of the program shall be written and shall be given or made available to each participant upon assignment to the alternative custody program. (2) The sheriff or his or her designee or the county director of corrections or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in a county jail. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody. (j) (1) The sheriff or his or her designee or the county director of corrections or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical, mental health, and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan. (2) Willful failure of the program participant to return to the place of detention prior to the expiration of any period of time during which he or she is authorized to be away from the place of detention, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device is punishable pursuant to Section 4532 and shall additionally subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 4019, or to discipline for violation of rules established by the sheriff or the county director of corrections. (k) (1) Notwithstanding any other law, the sheriff or his or her designee or the county director of corrections or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside. (2) The information required by paragraph (1) shall consist of the following: (A) The participant’s name, address, and date of birth. (B) The offense committed by the participant. (C) The period of time the participant will be subject to an alternative custody program. (3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community. (l) It is the intent of the Legislature that the alternative custody programs established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the sheriff or the county director of corrections may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The sheriff or the county director of corrections shall determine the recidivism rate of each participant in an alternative custody program. (m) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that he or she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program. (n) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable. (Added by Stats. 2014, Ch. 26, Sec. 18. (AB 1468) Effective June 20, 2014.)
  128. 1170.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section sets how courts calculate consecutive prison terms and enhancements for certain felony convictions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.1. (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same or by a different court, and a consecutive term of imprisonment is imposed under Sections 669 and 1170, the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms, and Section 12022.1. The principal term shall consist of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable specific enhancements. The subordinate term for each consecutive offense shall consist of one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, and shall include one-third of the term imposed for any specific enhancements applicable to those subordinate offenses. Whenever a court imposes a term of imprisonment in the state prison, whether the term is a principal or subordinate term, the aggregate term shall be served in the state prison, regardless as to whether or not one of the terms specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170. (b) If a person is convicted of two or more violations of kidnapping, as defined in Section 207, involving separate victims, the subordinate term for each consecutive offense of kidnapping shall consist of the full middle term and shall include the full term imposed for specific enhancements applicable to those subordinate offenses. (c) In the case of any person convicted of one or more felonies committed while the person is confined in the state prison or is subject to reimprisonment for escape from custody and the law either requires the terms to be served consecutively or the court imposes consecutive terms, the term of imprisonment for all the convictions that the person is required to serve consecutively shall commence from the time the person would otherwise have been released from prison. If the new offenses are consecutive with each other, the principal and subordinate terms shall be calculated as provided in subdivision (a). This subdivision shall be applicable in cases of convictions of more than one offense in the same or different proceedings. (d) (1) When the court imposes a sentence for a felony pursuant to Section 1170 or subdivision (b) of Section 1168, the court shall also impose, in addition and consecutive to the offense of which the person has been convicted, the additional terms provided for any applicable enhancements. If an enhancement is punishable by one of three terms, the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in paragraph (2). (2) The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation that justify the imposition of a term of imprisonment exceeding the middle term, and the facts underlying those circumstances have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. (3) The court shall also impose any other additional term that the court determines in its discretion or as required by law shall run consecutive to the term imposed under Section 1170 or subdivision (b) of Section 1168. In considering the imposition of the additional term, the court shall apply the sentencing rules of the Judicial Council. (e) All enhancements shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. (f) When two or more enhancements may be imposed for being armed with or using a dangerous or deadly weapon or a firearm in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for the infliction of great bodily injury. (g) When two or more enhancements may be imposed for the infliction of great bodily injury on the same victim in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for being armed with or using a dangerous or deadly weapon or a firearm. (h) For any violation of an offense specified in Section 667.6, the number of enhancements that may be imposed shall not be limited, regardless of whether the enhancements are pursuant to this section, Section 667.6, or some other provision of law. Each of the enhancements shall be a full and separately served term. (Amended (as amended by Stats. 2016, Ch. 887, Sec. 8) by Stats. 2021, Ch. 731, Sec. 2. (SB 567) Effective January 1, 2022. Section operative January 1, 2022, by its own provisions.)
  129. 1170.11.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    Section 1170.11 defines “specific enhancement” for Section 1170.1 as an enhancement that relates to the circumstances of the crime.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.11. As used in Section 1170.1, the term “specific enhancement” means an enhancement that relates to the circumstances of the crime. It includes, but is not limited to, the enhancements provided in Sections 186.10, 186.11, 186.22, 186.26, 186.33, 192.5, 273.4, 289.5, 290.4, 290.45, 290.46, 347, and 368, subdivisions (a) and (b) of Section 422.75, paragraphs (2), (3), (4), and (5) of subdivision (a) of Section 451.1, paragraphs (2), (3), and (4) of subdivision (a) of Section 452.1, subdivision (g) of Section 550, Sections 593a, 600, 667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 675, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.85, 12022.9, 12022.95, 27590, 30600, and 30615 of this code, and in Sections 1522.01 and 11353.1, subdivision (b) of Section 11353.4, Sections 11353.6, 11356.5, 11370.4, 11379.7, 11379.8, 11379.9, 11380.1, 11380.7, 25189.5, and 25189.7 of the Health and Safety Code, and in Sections 20001 and 23558 of the Vehicle Code, and in Sections 10980 and 14107 of the Welfare and Institutions Code. (Amended by Stats. 2010, Ch. 178, Sec. 71. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  130. 1170.12.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section requires harsher sentencing for defendants with one or more pled-and-proved prior serious or violent felony convictions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.12. (a) Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior serious or violent felony convictions, as defined in subdivision (b), the court shall adhere to each of the following: (1) There shall not be an aggregate term limitation for purposes of consecutive sentencing for any subsequent felony conviction. (2) Probation for the current offense shall not be granted, nor shall execution or imposition of the sentence be suspended for any prior offense. (3) The length of time between the prior serious or violent felony conviction and the current felony conviction shall not affect the imposition of sentence. (4) There shall not be a commitment to any other facility other than the state prison. Diversion shall not be granted nor shall the defendant be eligible for commitment to the California Rehabilitation Center as provided in Article 2 (commencing with Section 3050) of Chapter 1 of Division 3 of the Welfare and Institutions Code. (5) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not exceed one-fifth of the total term of imprisonment imposed and shall not accrue until the defendant is physically placed in the state prison. (6) If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to this section. (7) If there is a current conviction for more than one serious or violent felony as described in subdivision (b), the court shall impose the sentence for each conviction consecutive to the sentence for any other conviction for which the defendant may be consecutively sentenced in the manner prescribed by law. (b) Notwithstanding any other law and for the purposes of this section, a prior serious or violent conviction of a felony is defined as: (1) Any offense defined in subdivision (c) of Section 667.5 as a violent felony or any offense defined in subdivision (c) of Section 1192.7 as a serious felony in this state. The determination of whether a prior conviction is a prior serious or violent felony conviction for purposes of this section shall be made upon the date of that prior conviction and is not affected by the sentence imposed unless the sentence automatically, upon the initial sentencing, converts the felony to a misdemeanor. The following dispositions shall not affect the determination that a prior serious or violent conviction is a serious or violent felony for purposes of this section: (A) The suspension of imposition of judgment or sentence. (B) The stay of execution of sentence. (C) The commitment to the State Department of State Hospitals as a mentally disordered sex offender following a conviction of a felony. (D) The commitment to the California Rehabilitation Center or any other facility whose function is rehabilitative diversion from the state prison. (2) A prior conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison constitutes a prior conviction of a particular serious or violent felony if the prior conviction in the other jurisdiction is for an offense that includes all of the elements of the particular violent felony as defined in subdivision (c) of Section 667.5 or serious felony as defined in subdivision (c) of Section 1192.7. (3) A prior juvenile adjudication constitutes a prior serious or violent felony conviction for the purposes of sentence enhancement if it meets all of the following criteria: (A) The juvenile was 16 years of age or older at the time the juvenile committed the prior offense. (B) The prior offense is either of the following: (i) Listed in subdivision (b) of Section 707 of the Welfare and Institutions Code. (ii) Listed in this subdivision as a serious or violent felony. (C) The juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law. (D) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code. (c) For purposes of this section, and in addition to any other enhancements or punishment provisions that may apply, the following apply if a defendant has one or more prior serious or violent felony convictions: (1) If a defendant has one prior serious or violent felony conviction as defined in subdivision (b) that has been pled and proved, the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction. (2) (A) Except as provided in subparagraph (C), if a defendant has two or more prior serious or violent felony convictions, as defined in subdivision (b), that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greatest of any of the following: (i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior serious or violent felony convictions. (ii) Twenty-five years. (iii) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046. (B) The indeterminate term described in subparagraph (A) shall be served consecutive to any other term of imprisonment for which a consecutive term may be imposed by law. Any other term imposed subsequent to an indeterminate term described in subparagraph (A) shall not be merged therein but shall commence at the time the person would otherwise have been released from prison. (C) If a defendant has two or more prior serious or violent felony convictions as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 that have been pled and proved, and the current offense is not a felony described in paragraph (1) of subdivision (b), the defendant shall be sentenced pursuant to paragraph (1) of subdivision (c), unless the prosecution pleads and proves any of the following: (i) The current offense is a controlled substance charge, in which an allegation under Section 11370.4 or 11379.8 of the Health and Safety Code was admitted or found true. (ii) The current offense is a felony sex offense, defined in subdivision (d) of Section 261.5, or any felony offense that results in mandatory registration as a sex offender pursuant to subdivision (c) of Section 290 except for violations of Sections 266 and 285, paragraph (1) of subdivision (b) and subdivision (e) of Section 286, paragraph (1) of subdivision (b) and subdivision (e) of Section 287, Section 314, and Section 311.11. (iii) During the commission of the current offense, the defendant used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person. (iv) The defendant suffered a prior conviction, as defined in subdivision (b), for any of the following serious or violent felonies: (I) A “sexually violent offense” as defined by subdivision (b) of Section 6600 of the Welfare and Institutions Code. (II) Oral copulation with a child who is under 14 years of age, and more than 10 years younger than the defendant as defined by Section 287 or former Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than the defendant as defined by Section 286, or sexual penetration with another person who is under 14 years of age and more than 10 years younger than the defendant as defined by Section 289. (III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288. (IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive. (V) Solicitation to commit murder as defined in Section 653f. (VI) Assault with a machinegun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245. (VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418. (VIII) Any serious or violent felony offense punishable in California by life imprisonment or death. (d) (1) Notwithstanding any other law, this section shall be applied in every case in which a defendant has one or more prior serious or violent felony convictions as defined in this section. The prosecuting attorney shall plead and prove each prior serious or violent felony conviction except as provided in paragraph (2). (2) The prosecuting attorney may move to dismiss or strike a prior serious or violent felony conviction allegation in the furtherance of justice pursuant to Section 1385, or if there is insufficient evidence to prove the prior serious or violent conviction. If upon the satisfaction of the court that there is insufficient evidence to prove the prior serious or violent felony conviction, the court may dismiss or strike the allegation. This section does not alter a court’s authority under Section 1385. (e) Prior serious or violent felony convictions shall not be used in plea bargaining, as defined in subdivision (b) of Section 1192.7. The prosecution shall plead and prove all known prior serious or violent felony convictions and shall not enter into any agreement to strike or seek the dismissal of any prior serious or violent felony conviction allegation except as provided in paragraph (2) of subdivision (d). (f) If any provision of subdivisions (a) to (e), inclusive, or of Section 1170.126, or the application thereof to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of those subdivisions that can be given effect without the invalid provision or application, and to this end the provisions of those subdivisions are severable. (g) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. (Amended by Stats. 2021, Ch. 626, Sec. 42. (AB 1171) Effective January 1, 2022.)
  131. 1170.125.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    For offenses in the specified date ranges, references to Sections 1170.12 and 1170.126 must be read as those sections existed on the stated reference date.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012. (b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024. (Amended by Stats. 2023, Ch. 230, Sec. 3. (SB 14) Effective January 1, 2024. Note: This section was added on March 7, 2000, by initiative Prop. 21.)
  132. 1170.126.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section lets certain eligible inmates petition for resentencing, and the court must decide eligibility and resentence them unless it finds an unreasonable public-safety risk.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.126. (a) The resentencing provisions under this section and related statutes are intended to apply exclusively to persons presently serving an indeterminate term of imprisonment pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12, whose sentence under this act would not have been an indeterminate life sentence. (b) Any person serving an indeterminate term of life imprisonment imposed pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12 upon conviction, whether by trial or plea, of a felony or felonies that are not defined as serious and/or violent felonies by subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, may file a petition for a recall of sentence, within two years after the effective date of the act that added this section or at a later date upon a showing of good cause, before the trial court that entered the judgment of conviction in his or her case, to request resentencing in accordance with the provisions of subdivision (e) of Section 667, and subdivision (c) of Section 1170.12, as those statutes have been amended by the act that added this section. (c) No person who is presently serving a term of imprisonment for a “second strike” conviction imposed pursuant to paragraph (1) of subdivision (e) of Section 667 or paragraph (1) of subdivision (c) of Section 1170.12, shall be eligible for resentencing under the provisions of this section. (d) The petition for a recall of sentence described in subdivision (b) shall specify all of the currently charged felonies, which resulted in the sentence under paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12, or both, and shall also specify all of the prior convictions alleged and proved under subdivision (d) of Section 667 and subdivision (b) of Section 1170.12. (e) An inmate is eligible for resentencing if: (1) The inmate is serving an indeterminate term of life imprisonment imposed pursuant to paragraph (2) of subdivision (e) of Section 667 or subdivision (c) of Section 1170.12 for a conviction of a felony or felonies that are not defined as serious and/or violent felonies by subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (2) The inmate’s current sentence was not imposed for any of the offenses appearing in clauses (i) to (iii), inclusive, of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or clauses (i) to (iii), inclusive, of subparagraph (C) of paragraph (2) of subdivision (c) of Section 1170.12. (3) The inmate has no prior convictions for any of the offenses appearing in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or clause (iv) of subparagraph (C) of paragraph (2) of subdivision (c) of Section 1170.12. (f) Upon receiving a petition for recall of sentence under this section, the court shall determine whether the petitioner satisfies the criteria in subdivision (e). If the petitioner satisfies the criteria in subdivision (e), the petitioner shall be resentenced pursuant to paragraph (1) of subdivision (e) of Section 667 and paragraph (1) of subdivision (c) of Section 1170.12 unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. (g) In exercising its discretion in subdivision (f), the court may consider: (1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes; (2) The petitioner’s disciplinary record and record of rehabilitation while incarcerated; and (3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. (h) Under no circumstances may resentencing under this act result in the imposition of a term longer than the original sentence. (i) Notwithstanding subdivision (b) of Section 977, a defendant petitioning for resentencing may waive his or her appearance in court for the resentencing, provided that the accusatory pleading is not amended at the resentencing, and that no new trial or retrial of the individual will occur. The waiver shall be in writing and signed by the defendant. (j) If the court that originally sentenced the defendant is not available to resentence the defendant, the presiding judge shall designate another judge to rule on the defendant’s petition. (k) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the defendant. (l) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act. (m) A resentencing hearing ordered under this act shall constitute a “post-conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law). (Added November 6, 2012, by initiative Proposition 36, Sec. 6. Note: Prop. 36 is titled the Three Strikes Reform Act of 2012.)
  133. 1170.127.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    A person committed to a state hospital after an insanity acquittal may ask the court to reduce the maximum commitment term if the person would have qualified for a sentence reduction and files the petition by the stated deadline or later for good cause.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.127. (a) A person who is committed to a state hospital after being found not guilty by reason of insanity pursuant to Section 1026 may petition the court to have his or her maximum term of commitment, as established by Section 1026.5, reduced to the length it would have been had Section 1170.126 been in effect at the time of the original determination. Both of the following conditions are required for the maximum term of commitment to be reduced: (1) The person would have met all of the criteria for a reduction in sentence pursuant to Section 1170.126 had he or she been found guilty. (2) The person files the petition for a reduction of the maximum term of commitment before January 1, 2021, or on a later date upon a showing of good cause. (b) If a petitioner’s maximum term of confinement is ordered reduced under this section, the new term of confinement must provide opportunity to meet requirements provided in subdivision (b) of Section 1026.5. If a petitioner’s new maximum term of confinement ordered under this section does not provide sufficient time to meet requirements provided in subdivision (b) of Section 1026.5, the new maximum term of confinement may be extended, not more than 240 days from the date the petition is granted, in order to meet requirements provided in subdivision (b) of Section 1026.5. (Added by Stats. 2017, Ch. 17, Sec. 25. (AB 103) Effective June 27, 2017.)
  134. 1170.13.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If a person is convicted under subdivision (b) of Section 139, each consecutive offense gets a full middle-term subordinate sentence instead of one-third of the middle term.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.13. Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle term of imprisonment, if a person is convicted pursuant to subdivision (b) of Section 139, the subordinate term for each consecutive offense shall consist of the full middle term. (Amended by Stats. 1998, Ch. 926, Sec. 3. Effective January 1, 1999.)
  135. 1170.15.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If a person is convicted of a felony plus certain additional felonies, the consecutive sentence must use the full middle term and full listed enhancements.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.15. Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle term of imprisonment, if a person is convicted of a felony, and of an additional felony that is a violation of Section 136.1 or 137 and that was committed against the victim of, or a witness or potential witness with respect to, or a person who was about to give material information pertaining to, the first felony, or of a felony violation of Section 653f that was committed to dissuade a witness or potential witness to the first felony, the subordinate term for each consecutive offense that is a felony described in this section shall consist of the full middle term of imprisonment for the felony for which a consecutive term of imprisonment is imposed, and shall include the full term prescribed for any enhancements imposed for being armed with or using a dangerous or deadly weapon or a firearm, or for inflicting great bodily injury. (Amended by Stats. 1998, Ch. 926, Sec. 4. Effective January 1, 1999.)
  136. 1170.16.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    A full, separate, and consecutive term may be imposed for each violation of Section 192(a), even if the offenses were committed in a single transaction.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.16. In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of subdivision (a) of Section 192, whether or not the offenses were committed during a single transaction. (Added by Stats. 1996, Ch. 421, Sec. 1. Effective January 1, 1997.)
  137. 1170.18.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section lets certain eligible people ask the trial court to recall a felony sentence or redesignate a felony as a misdemeanor, and requires the court to grant relief unless it finds an unreasonable public-safety risk.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.18. (a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (“this act”) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in their case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act. (b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider all of the following: (1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes. (2) The petitioner’s disciplinary record and record of rehabilitation while incarcerated. (3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. (c) As used throughout this code, “unreasonable risk of danger to public safety” means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667. (d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of their sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. The person is subject to parole supervision by the Department of Corrections and Rehabilitation pursuant to Section 3000.08 and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody. (e) Resentencing pursuant to this section shall not result in the imposition of a term longer than the original sentence. (f) A person who has completed their sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in their case to have the felony conviction or convictions designated as misdemeanors. (g) If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor. (h) Unless the applicant requests a hearing, a hearing is not necessary to grant or deny an application filed under subdivision (f). (i) This section does not apply to a person who has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (j) A felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that resentencing shall not permit that person to own, possess, or have in their custody or control a firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. (k) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. (l) This section does not diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. (m) Resentencing pursuant to this section does not diminish or abrogate the finality of judgments in any case that does not come within the purview of this section. (n) A resentencing hearing ordered under this section shall constitute a “post‑conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law). (o) (1) A person who is committed to a state hospital after being found not guilty by reason of insanity pursuant to Section 1026 may petition the court to have their maximum term of commitment, as established by Section 1026.5, reduced to the length it would have been had the act that added this section been in effect at the time of the original determination. Both of the following conditions are required for the maximum term of commitment to be reduced. (A) The person would have met all of the criteria for a reduction in sentence pursuant to this section had they been found guilty. (B) The person files the petition for a reduction of the maximum term of commitment before January 1, 2021, or on a later date upon a showing of good cause. (2) If a petitioner’s maximum term of confinement is ordered reduced under this subdivision, the new term of confinement must provide opportunity to meet requirements provided in subdivision (b) of Section 1026.5. If a petitioner’s new maximum term of confinement ordered under this section does not provide sufficient time to meet requirements provided in subdivision (b) of Section 1026.5, the new maximum term of confinement may be extended, not more than 240 days from the date the petition is granted, in order to meet requirements provided in subdivision (b) of Section 1026.5. (Amended by Stats. 2023, Ch. 633, Sec. 1. (SB 749) Effective October 8, 2023. Note: This section was added on Nov. 4, 2014, by initiative Prop. 47.)
  138. 1170.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    For certain inmates sentenced for pre-July 1, 1977 felonies, the Board of Prison Terms must calculate time, set parole dates, and provide hearings and notice, with specific rights at the hearing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.2. (a) In the case of any inmate who committed a felony prior to July 1, 1977, who would have been sentenced under Section 1170 if he or she had committed it after July 1, 1977, the Board of Prison Terms shall determine what the length of time of imprisonment would have been under Section 1170 without consideration of good-time credit and utilizing the middle term of the offense bearing the longest term of imprisonment of which the prisoner was convicted increased by any enhancements justified by matters found to be true and which were imposed by the court at the time of sentencing for such felony. These matters include: being armed with a deadly or dangerous weapon as specified in Section 211a, 460, 3024, or 12022 prior to July 1, 1977, which may result in a one-year enhancement pursuant to the provisions of Section 12022; using a firearm as specified in Section 12022.5 prior to July 1, 1977, which may result in a two-year enhancement pursuant to the provisions of Section 12022.5; infliction of great bodily injury as specified in Section 213, 264, or 461 prior to July 1, 1977, which may result in a three-year enhancement pursuant to the provisions of Section 12022.7; any prior felony conviction as specified in any statute prior to July 1, 1977, which prior felony conviction is the equivalent of a prior prison term as defined in Section 667.5, which may result in the appropriate enhancement pursuant to the provisions of Section 667.5; and any consecutive sentence. (b) If the calculation required under subdivision (a) is less than the time to be served prior to a release date set prior to July 1, 1977, or if a release date had not been set, the Board of Prison Terms shall establish the prisoner’s parole date, subject to subdivision (d), on the date calculated under subdivision (a) unless at least two of the commissioners of the Board of Prison Terms after reviewing the prisoner’s file, determine that due to the number of crimes of which the prisoner was convicted, or due to the number of prior convictions suffered by the prisoner, or due to the fact that the prisoner was armed with a deadly weapon when the crime was committed, or used a deadly weapon during the commission of the crime, or inflicted or attempted to inflict great bodily injury on the victim of the crime, the prisoner should serve a term longer than that calculated in subdivision (a), in which event the prisoner shall be entitled to a hearing before a panel consisting of at least two commissioners of the Board of Prison Terms as provided for in Section 3041.5. The Board of Prison Terms shall notify each prisoner who is scheduled for such a hearing within 90 days of July 1, 1977, or within 90 days of the date the prisoner is received by or returned to the custody of the Department of Corrections, whichever is later. The hearing shall be held before October 1, 1978, or within 120 days of receipt of the prisoner, whichever is later. It is the intent of the Legislature that the hearings provided for in this subdivision shall be accomplished in the most expeditious manner possible. At the hearing the prisoner shall be entitled to be represented by legal counsel, a release date shall be set, and the prisoner shall be informed in writing of the extraordinary factors specifically considered determinative and on what basis the release date has been calculated. In fixing a term under this section the board shall be guided by, but not limited to, the term which reasonably could be imposed on a person who committed a similar offense under similar circumstances on or after July 1, 1977, and further, the board shall be guided by the following finding and declaration hereby made by the Legislature: that the necessity to protect the public from repetition of extraordinary crimes of violence against the person is the paramount consideration. (c) Nothing in this section shall be deemed to keep an inmate in the custody of the Department of Corrections for a period of time longer than he would have been kept in its custody under the provisions of law applicable to him prior to July 1, 1977. Nothing in this section shall be deemed to require the release of an inmate sentenced to consecutive sentences under the provisions of law applicable to him prior to July 1, 1977, earlier than if he had been sentenced to concurrent sentences. (d) In the case of any prisoner who committed a felony prior to July 1, 1977, who would have been sentenced under Section 1170 if the felony was committed on or after July 1, 1977, the good behavior and participation provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply from July 1, 1977, and thereafter. (e) In the case of any inmate who committed a felony prior to July 1, 1977, who would have been sentenced under Section 1168 if the felony was committed on or after July 1, 1977, the Board of Prison Terms shall provide for release from prison as provided for by this code. (f) In the case of any inmate who committed a felony prior to July 1, 1977, the length, conditions, revocation, and other incidents of parole shall be the same as if the prisoner had been sentenced for an offense committed on or after July 1, 1977. (g) Nothing in this chapter shall affect the eligibility for parole under Article 3 (commencing with Section 3040) of Chapter 8 of Title 1 of Part 3 of an inmate sentenced pursuant to Section 1168 as operative prior to July 1, 1977, for a period of parole as specified in subdivision (b) of Section 3000. (h) In fixing a term under this section, the Board of Prison Terms shall utilize the terms of imprisonment as provided in Chapter 1139 of the Statutes of 1976 and Chapter 165 of the Statutes of 1977. (Amended by Stats. 1989, Ch. 568, Sec. 1.5.)
  139. 1170.21.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    An individual arrested, charged, or convicted under Section 647f may say they were not arrested, charged, or convicted under that section when answering questions about it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.21. A conviction for a violation of Section 647f as it read on December 31, 2017, is invalid and vacated. All charges alleging violation of Section 647f are dismissed and all arrests for violation of Section 647f are deemed to have never occurred. An individual who was arrested, charged, or convicted for a violation of Section 647f may indicate in response to any question concerning his or her prior arrest, charge, or conviction under Section 647f that he or she was not arrested, charged, or convicted for a violation of Section 647f. Notwithstanding any other law, information pertaining to an individual’s arrest, charge, or conviction for violation of Section 647f shall not, without the individual’s consent, be used in any way adverse to his or her interests, including, but not limited to, denial of any employment, benefit, license, or certificate. (Added by Stats. 2017, Ch. 537, Sec. 13. (SB 239) Effective January 1, 2018.)
  140. 1170.22.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    Some people serving sentences for certain Section 647f violations may ask the trial court to recall or dismiss the sentence, and the court must resentence them if the record confirms the conviction.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.22. (a) A person who is serving a sentence as a result of a violation of Section 647f as it read on December 31, 2017, whether by trial or by open or negotiated plea, may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in his or her case. (b) If the court’s records show that the petitioner was convicted for a violation of Section 647f as it read on December 31, 2017, the court shall vacate the conviction and resentence the person for any remaining counts. (c) A person who is serving a sentence and resentenced pursuant to subdivision (b) shall be given credit for any time already served and shall be subject to whatever supervision time he or she would have otherwise been subject to after release, whichever is shorter, unless the court, in its discretion, as part of its resentencing order, releases the person from supervision. (d) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence, or the reinstatement of charges dismissed pursuant to a negotiated plea agreement. (e) Upon completion of sentence for a conviction under Section 647f as it read on December 31, 2017, the provisions of Section 1170.21 shall apply. (f) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this section. (g) A resentencing hearing ordered under this section shall constitute a “post-conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution. (h) The provisions of this section apply to juvenile delinquency adjudications and dispositions under Section 602 of the Welfare and Institutions Code if the juvenile would not have been guilty of an offense or would not have been guilty of an offense governed by this section. (i) The Judicial Council shall promulgate and make available all necessary forms to enable the filing of petitions and applications provided in this section. (Added by Stats. 2017, Ch. 537, Sec. 14. (SB 239) Effective January 1, 2018.)
  141. 1170.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    The Judicial Council must work to improve uniformity in sentencing by adopting sentencing criteria rules and probation report standards.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.3. The Judicial Council shall seek to promote uniformity in sentencing under Section 1170 by: (a) The adoption of rules providing criteria for the consideration of the trial judge at the time of sentencing regarding the court’s decision to: (1) Grant or deny probation. (2) Impose the lower or upper prison term. (3) Impose the lower or upper term pursuant to paragraph (1) or (2) of subdivision (h) of Section 1170. (4) Impose concurrent or consecutive sentences. (5) Determine whether or not to impose an enhancement where that determination is permitted by law. (6) Deny a period of mandatory supervision in the interests of justice under paragraph (5) of subdivision (h) of Section 1170 or determine the appropriate period and conditions of mandatory supervision. The rules implementing this paragraph shall be adopted no later than January 1, 2015. (7) Determine the county or counties of incarceration and supervision when the court is imposing a judgment pursuant to subdivision (h) of Section 1170 concurrent or consecutive to a judgment or judgments previously imposed pursuant to subdivision (h) of Section 1170 in a county or counties. (b) The adoption of rules standardizing the minimum content and the sequential presentation of material in probation officer reports submitted to the court regarding probation and mandatory supervision under paragraph (5) of subdivision (h) of Section 1170. (c) This section shall become operative on January 1, 2022. (Amended (as amended by Stats. 2016, Ch. 887, Sec. 10) by Stats. 2017, Ch. 287, Sec. 4. (SB 670) Effective January 1, 2018. Section operative January 1, 2022, by its own provisions.)
  142. 1170.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    The Judicial Council must collect and analyze relevant sentencing information and consider it when adopting rules under Section 1170.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.4. The Judicial Council shall collect and analyze relevant information relating to sentencing practices in this state and other jurisdictions. Such information shall be taken into consideration by the Judicial Council in the adoption of rules pursuant to Section 1170.3. (Amended by Stats. 1993, Ch. 909, Sec. 15. Effective January 1, 1994.)
  143. 1170.45.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    The Judicial Council must collect statewide criminal case data about dispositions by the defendant’s race and ethnicity and report it annually to the Legislature, starting no later than January 1, 1999.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.45. The Judicial Council shall collect data on criminal cases statewide relating to the disposition of those cases according to the race and ethnicity of the defendant, and report annually thereon to the Legislature beginning no later than January 1, 1999. It is the intent of the Legislature to appropriate funds to the Judicial Council for this purpose. (Added by Stats. 1997, Ch. 850, Sec. 48.5. Effective January 1, 1998.)
  144. 1170.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    The Judicial Council must conduct annual sentencing institutes for trial court judges.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.5. The Judicial Council shall conduct annual sentencing institutes for trial court judges pursuant to Section 68551 of the Government Code, toward the end of assisting the judge in the imposition of appropriate sentences. (Added by Stats. 1976, Ch. 1139.)
  145. 1170.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    Robbery or attempted robbery for the purpose of obtaining controlled substances, when committed against certain protected persons, must be treated as an aggravating circumstance at sentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.7. Robbery or attempted robbery for the purpose of obtaining any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, when committed against a pharmacist, pharmacy employee, or other person lawfully possessing controlled substances, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Amended by Stats. 1987, Ch. 828, Sec. 67.)
  146. 1170.71.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If a person committing a Section 288 violation used obscene or harmful matter to induce, persuade, or encourage a minor to engage in a lewd or lascivious act, that fact is treated as an aggravating circumstance when sentencing under Section 1170(b).

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.71. The fact that a person who commits a violation of Section 288 has used obscene or harmful matter to induce, persuade, or encourage the minor to engage in a lewd or lascivious act shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Added by Stats. 1985, Ch. 165, Sec. 1.)
  147. 1170.72.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If a person is convicted of certain Health and Safety Code violations, or certain enhancing allegations are found true, the fact that the minor was 11 or younger counts as an aggravating circumstance for sentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.72. Upon conviction of a violation of Section 11353, 11353.5, 11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a finding of truth of an enhancing allegation pursuant to paragraph (3) of subdivision (a) of Section 11353.1, Section 11353.6, or paragraph (3) of subdivision (a) of Section 11380.1, the fact that the minor was 11 years of age or younger shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170. (Added by Stats. 1993, Ch. 131, Sec. 1. Effective January 1, 1994.)
  148. 1170.73.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    After certain felony drug convictions, the court must consider the quantity of controlled substance involved when deciding whether to impose an aggravated term.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.73. Upon conviction of a felony violation of Section 11377, 11378, or 11378.5 of the Health and Safety Code, the court shall consider the quantity of controlled substance involved in determining whether to impose an aggravated term under subdivision (b) of Section 1170. (Added by Stats. 1990, Ch. 777, Sec. 1.)
  149. 1170.74.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    For specified felony methamphetamine offenses, the crystalline form of methamphetamine must be treated as an aggravating circumstance when imposing sentence under Section 1170(b).

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.74. Upon conviction of a felony violation of Section 11377, 11378, 11379, or 11379.6 of the Health and Safety Code, for an offense involving methamphetamine, the fact that the controlled substance is the crystalline form of methamphetamine shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Added by Stats. 1990, Ch. 952, Sec. 1.)
  150. 1170.76.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

    Verify source ↗

    A specified relationship between the defendant, the minor or victim, and the offense being committed or attempted in the minor's presence or view counts as an aggravating circumstance when imposing sentence under Section 1170(b).

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.76. The fact that a defendant who commits or attempts to commit a violation of Section 243.4, 245, or 273.5 is or has been a member of the household of a minor or of the victim of the offense, or the defendant is a marital or blood relative of the minor or the victim, or the defendant or the victim is the natural parent, adoptive parent, stepparent, or foster parent of the minor, and the offense contemporaneously occurred in the presence of, or was witnessed by, the minor shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Amended by Stats. 2005, Ch. 279, Sec. 9. Effective January 1, 2006.)
  151. 1170.78.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If a person is convicted under Section 451, retaliating against the property owner or occupant for eviction or other legal action is treated as an aggravating circumstance at sentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.78. Upon a conviction of a violation of Section 451, the fact that the person committed the offense in retaliation against the owner or occupant of the property or structure burned, or against one believed by the person to be the owner or occupant of the property or structure burned, for any eviction or other legal action taken by the owner or occupant, or believed owner or occupant, shall be a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Added by Stats. 1991, Ch. 602, Sec. 7.)
  152. 1170.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    Certain crimes committed in or against places of worship are treated as aggravating circumstances for sentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.8. (a) The fact that a robbery or an assault with a deadly weapon or instrument or by means of any force likely to produce great bodily injury was committed against a person while that person was in a church, synagogue, or building owned and occupied by a religious educational institution, or any other place primarily used as a place of worship where religious services are regularly conducted, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (b) Upon conviction of any person for a violation of Section 451 or 453, the fact that the person intentionally burned, or intended to burn, a church, synagogue, or building owned and occupied by a religious educational institution, or any other place primarily used as a place of worship where religious services are regularly conducted, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Added by Stats. 1982, Ch. 929, Sec. 1.)
  153. 1170.81.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If an attempted life-term crime targeted a peace officer performing official duties, and the defendant knew or should have known that, the fact is an aggravating circumstance for sentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Added by Stats. 1990, Ch. 1031, Sec. 1.)
  154. 1170.82.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    A court must treat certain facts as aggravating when sentencing for specified controlled-substance convictions if the offender knew, or should have known, those facts existed about the recipient.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170: (a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance. (b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5. (c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance. (Added by Stats. 1994, Ch. 352, Sec. 1. Effective January 1, 1995.)
  155. 1170.84.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If a person is convicted of a listed serious felony and, during that felony, tied, bound, or confined a victim, that fact is treated as an aggravating circumstance for sentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.84. Upon conviction of any serious felony, listed in subdivision (c) of Section 1192.7, it shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170 if, during the course of the serious felony, the person engaged in the tying, binding, or confining of any victim. (Added by Stats. 1990, Ch. 1216, Sec. 1.)
  156. 1170.85.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section says certain facts count as aggravating circumstances when a court sentences a defendant for a felony assault, battery, or other felony.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.85. (a) Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170 if the offense was committed to prevent or dissuade a person who is or may become a witness from attending upon or testifying at any trial, proceeding, or inquiry authorized by law, or if the offense was committed because the person provided assistance or information to a law enforcement officer, or to a public prosecutor in a criminal or juvenile court proceeding. (b) Upon conviction of any felony it shall be considered a circumstance in aggravation in imposing a term under subdivision (b) of Section 1170 if the victim of an offense is particularly vulnerable, or unable to defend himself or herself, due to age or significant disability. (Amended by Stats. 1985, Ch. 1108, Sec. 3.)
  157. 1170.86.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    A felony committed in a safe school zone against a currently attending pupil must be treated as an aggravating circumstance when imposing sentence under Section 1170(b).

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.86. Upon conviction of a felony violation of Section 220, 261, 261.5, 264.1, or 266j the fact that the felony was committed within a safe school zone, as defined in subdivision (c) of Section 626, against a victim who was a pupil currently attending school, shall be considered a circumstance in aggravation in imposing a term under subdivision (b) of Section 1170. (Amended by Stats. 2005, Ch. 279, Sec. 10. Effective January 1, 2006.)
  158. 1170.89.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    If a firearm enhancement has an applicable triad, and the person knew or had reason to believe the firearm was stolen, that fact counts as aggravation supporting the upper term.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.89. Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm, set forth in Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a person knew or had reason to believe that a firearm was stolen shall constitute a circumstance in aggravation of the enhancement justifying imposition of the upper term on that enhancement. (Amended by Stats. 2005, Ch. 279, Sec. 11. Effective January 1, 2006.)
  159. 1170.9.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section lets a court consider military-service-related trauma or mental health issues when sentencing certain defendants, and it can support probation and treatment-based relief.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.9. (a) In the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges that the person committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military, the court shall, prior to sentencing, make a determination as to whether the defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the person’s service. The court may request, through existing resources, an assessment to aid in that determination. (b) (1) If the court concludes that a defendant convicted of a criminal offense is a person described in subdivision (a), and if the defendant is otherwise eligible for probation, the court shall consider the circumstances described in subdivision (a) as a factor in favor of granting probation. (2) If the court places the defendant on probation, the court may order the defendant into a local, state, federal, or private nonprofit treatment program for a period not to exceed that period which the defendant would have served in state prison or county jail, provided the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists. (c) If a referral is made to the county mental health authority, the county shall be obligated to provide mental health treatment services only to the extent that resources are available for that purpose, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. If mental health treatment services are ordered by the court, the county mental health agency shall coordinate appropriate referral of the defendant to the county veterans service officer, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. The county mental health agency shall not be responsible for providing services outside its traditional scope of services. An order shall be made referring a defendant to a county mental health agency only if that agency has agreed to accept responsibility for the treatment of the defendant. (d) When determining the “needs of the defendant,” for purposes of Section 1202.7, the court shall consider the fact that the defendant is a person described in subdivision (a) in assessing whether the defendant should be placed on probation and ordered into a federal or community-based treatment service program with a demonstrated history of specializing in the treatment of mental health problems, including substance abuse, post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other related mental health problems. (e) A defendant granted probation under this section and committed to a residential treatment program shall earn sentence credits for the actual time the defendant serves in residential treatment. (f) The court, in making an order under this section to commit a defendant to an established treatment program, shall give preference to a treatment program that has a history of successfully treating veterans who suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of that service, including, but not limited to, programs operated by the United States Department of Defense or the United States Department of Veterans Affairs. (g) The court and the assigned treatment program may collaborate with the Department of Veterans Affairs and the United States Department of Veterans Affairs to maximize benefits and services provided to the veteran. (h) (1) It is in the interests of justice to restore a defendant who acquired a criminal record due to a mental health disorder stemming from service in the United States military to the community of law abiding citizens. The restorative provisions of this subdivision apply to cases in which a trial court or a court monitoring the defendant’s performance of probation pursuant to this section finds at a public hearing, held after not less than 15 days’ notice to the prosecution, the defense, and any victim of the offense, that all of the following describe the defendant: (A) The defendant was granted probation and was at the time that probation was granted a person described in subdivision (a). (B) The defendant is in substantial compliance with the conditions of that probation. (C) The defendant has successfully participated in court-ordered treatment and services to address the sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from military service. (D) The defendant does not represent a danger to the health and safety of others. (E) The defendant has demonstrated significant benefit from court-ordered education, treatment, or rehabilitation to clearly show that granting restorative relief pursuant to this subdivision would be in the interests of justice. (2) When determining whether granting restorative relief pursuant to this subdivision is in the interests of justice, the court may consider, among other factors, all of the following: (A) The defendant’s completion and degree of participation in education, treatment, and rehabilitation as ordered by the court. (B) The defendant’s progress in formal education. (C) The defendant’s development of career potential. (D) The defendant’s leadership and personal responsibility efforts. (E) The defendant’s contribution of service in support of the community. (3) If the court finds that a case satisfies each of the requirements described in paragraph (1), then the court may take any of the following actions by a written order setting forth the reasons for so doing: (A) Deem all conditions of probation to be satisfied, including fines, fees, assessments, and programs, and terminate probation prior to the expiration of the term of probation. This subparagraph does not apply to any court-ordered victim restitution. (B) Reduce an eligible felony to a misdemeanor pursuant to subdivision (b) of Section 17. (C) Grant relief in accordance with Section 1203.4. (4) Notwithstanding anything to the contrary in Section 1203.4, a dismissal of the action pursuant to this subdivision has the following effect: (A) Except as otherwise provided in this paragraph, a dismissal of the action pursuant to this subdivision releases the defendant from all penalties and disabilities resulting from the offense of which the defendant has been convicted in the dismissed action. (B) A dismissal pursuant to this subdivision does not apply to any of the following: (i) A conviction pursuant to subdivision (c) of Section 42002.1 of the Vehicle Code. (ii) A felony conviction pursuant to subdivision (d) of Section 261.5. (iii) A conviction pursuant to subdivision (c) of Section 286. (iv) A conviction pursuant to Section 288. (v) A conviction pursuant to subdivision (c) of Section 287 or former Section 288a. (vi) A conviction pursuant to Section 288.5. (vii) A conviction pursuant to subdivision (j) of Section 289. (viii) The requirement to register pursuant to Section 290. (C) The defendant is not obligated to disclose the arrest on the dismissed action, the dismissed action, or the conviction that was set aside when information concerning prior arrests or convictions is requested to be given under oath, affirmation, or otherwise. The defendant may indicate that the defendant has not been arrested when the defendant’s only arrest concerns the dismissed action, except when the defendant is required to disclose the arrest, the conviction that was set aside, and the dismissed action in response to any direct question contained in any questionnaire or application for any law enforcement position. (D) A dismissal pursuant to this subdivision may, in the discretion of the court, order the sealing of police records of the arrest and court records of the dismissed action, thereafter viewable by the public only in accordance with a court order. (E) The dismissal of the action pursuant to this subdivision is a bar to any future action based on the conduct charged in the dismissed action. (F) In any subsequent prosecution for any other offense, a conviction that was set aside in the dismissed action may be pleaded and proved as a prior conviction and has the same effect as if the dismissal pursuant to this subdivision had not been granted. (G) A conviction that was set aside in the dismissed action may be considered a conviction for the purpose of administratively revoking or suspending or otherwise limiting the defendant’s driving privilege on the ground of two or more convictions. (H) The defendant’s DNA sample and profile in the DNA data bank shall not be removed by a dismissal pursuant to this subdivision. (I) Dismissal of an accusation, information, or conviction pursuant to this section does not authorize a defendant to own, possess, or have in the defendant’s custody or control any firearm or prevent the defendant’s conviction pursuant to Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. (Amended by Stats. 2019, Ch. 497, Sec. 205. (AB 991) Effective January 1, 2020.)
  160. 1170.91.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    The court must consider qualifying military-service-related trauma or related problems as mitigation at sentencing, and eligible incarcerated people may petition for resentencing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1170.91. (a) If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the defendant’s military service, the court shall consider the circumstance as a factor in mitigation when imposing a sentence. This consideration does not preclude the court from considering similar trauma, injury, substance abuse, or mental health problems due to other causes, as evidence or factors in mitigation. (b) (1) A person currently serving a sentence for a felony conviction, whether by trial or plea, who is, or was, a member of the United States military and who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the person’s military service may petition for a recall of sentence, before the trial court that entered the judgment of conviction in the case, to request resentencing if the circumstance of suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the person’s military service was not considered as a factor in mitigation at the time of sentencing. (2) If the court that originally sentenced the person is not available, the presiding judge shall designate another judge to rule on the petition. (3) Upon receiving a petition under this subdivision, the court shall determine, at a public hearing held after not less than 15 days’ notice to the prosecution, the defense, and any victim of the offense, whether the person satisfies the criteria in this subdivision. At that hearing, the prosecution shall have an opportunity to be heard on the petitioner’s eligibility and suitability for resentencing. If the person satisfies the criteria, the court may, in the interest of justice, and regardless of whether the original sentence was imposed after a trial or plea, do either of the following: (A) Reduce the defendant’s term of imprisonment by modifying the sentence. (B) Vacate the conviction and impose judgment on any necessarily included lesser offense or lesser related offense, whether or not that offense was charged in the original pleading, and then resentence the defendant to a reduced term of imprisonment with the concurrence of both the defendant and the district attorney of the county in which the defendant was sentenced or by the Attorney General if the case was originally prosecuted by the Department of Justice. (4) A person who is resentenced pursuant to this subdivision shall be given credit for time served. (5) Resentencing under this subdivision shall not result in the imposition of a term longer than the original sentence. (6) This subdivision does not alter or diminish any rights conferred under Section 28 of Article I of the California Constitution (Marsy’s Law). (7) This subdivision does not diminish or abrogate any rights or remedies otherwise available to the person. (8) This subdivision does not diminish or abrogate the finality of judgments in any case not falling within the purview of this subdivision. (9) This subdivision does not impose an obligation on the Department of Corrections and Rehabilitation to provide medical or mental health assessments in order to identify potential service-related injuries. (10) This subdivision shall apply retroactively. (c) This section does not apply to a person convicted of, or having one or more prior convictions for, an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or an offense requiring registration pursuant to subdivision (c) of Section 290. (Amended by Stats. 2022, Ch. 721, Sec. 1. (SB 1209) Effective January 1, 2023.)
  161. 1171.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. )

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    This section requires county superior court presiding judges to plan for postconviction proceedings, sets court duties in those proceedings, and requires the Department of Corrections and Rehabilitation to produce and manage certain records.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1. Initial Sentencing [1170 - 1171] ( Article 1 added by Stats. 1976, Ch. 1139. ) ## 1171. (a) For the purposes of this section, “postconviction proceeding” means a proceeding to modify a sentence or conviction pursuant to an ameliorative statute. Ameliorative statutes include, but are not limited to, Sections 1170.18, 1172.1, 1172.6, 1172.7, and 1172.75. (b) On or before March 1, 2025, the presiding judge of each county superior court, or their designee, shall convene a meeting to develop a plan for fair and efficient handling of postconviction proceedings. The presiding judge shall invite to the meeting a representative from the district attorney, the public defender or other representative of indigent defense services, and other entities that the presiding judge deems necessary in order to ensure timely and efficient postconviction proceedings. At the meeting, the presiding judge or their designee shall determine how postconviction proceedings will be assigned to individual judges, including whether they will take place before the original sentencing judge or designated judge. The presiding judge may set further meetings at their discretion. (c) The following shall apply for all postconviction proceedings unless there is a conflict with a more specific rule established in statute, in which case the more specific statute shall apply: (1) Upon receiving a request to begin a postconviction proceeding that is authorized in law, the court shall consider whether to appoint counsel to represent the defendant. This section does not prevent the court from assigning counsel at a later time. (2) The court shall consider any pertinent circumstances that have arisen since the prior sentence was imposed and has jurisdiction to modify every aspect of the defendant’s sentence, including if it was imposed after a guilty plea. (3) Any changes to a sentence shall not be a basis for a prosecutor or court to rescind a plea agreement. (4) The court shall state on the record the reasons for its decision to grant or deny the initial request to begin a postconviction proceeding and shall provide notice to the defendant of its decision. (5) After ruling on a request, the court shall advise the defendant of their right to appeal and the necessary steps and time for taking an appeal. (6) The parties may waive a hearing and proceed directly to the resentencing. A defendant may waive their personal presence at a resentencing hearing and may appear via remote technology. If a victim of a crime wishes to be heard pursuant to the provisions of Section 28 of Article I of the California Constitution, or pursuant to any other provision of law applicable to the hearing, the victim shall notify the prosecution of their request to be heard within 15 days of being notified that resentencing is being sought and the court shall provide an opportunity for the victim to be heard. (7) (A) Notwithstanding any other law, including Sections 13201 and 11081, and Sections 1798.24 and 1798.34 of the Civil Code, upon request from the defendant’s attorney, the district attorney of the county in which the defendant was sentenced, or the Attorney General if the Department of Justice originally prosecuted the case, the Department of Corrections and Rehabilitation shall, in accordance with this subparagraph and subparagraph (C), provide to the requesting party a case summary, disciplinary records, programming records, chronos, and any other material the department deems relevant to a postconviction proceeding. (B) For requests submitted on or after January 1, 2026, the records shall be provided within 45 days of the request unless the requestor agrees to extend this period. The records shall be provided in a secure electronic format. This section does not diminish the ability of parties or the court to request additional records, which shall be provided by the department as soon as is practicable. (C) If the Department of Corrections and Rehabilitation has in its possession relevant records it has determined are confidential under the department’s regulations, the department shall redact such portions before producing the records to the requestor. (D) Any party may file a motion with the court presiding over a postconviction proceeding seeking disclosure of anything redacted under subparagraph (C). In addition to the parties required to be served such a motion, service is required upon the Department of Corrections and Rehabilitation through the person designated under subdivision (d). The court shall determine whether good cause exists for in-camera review of the redacted material. If the court determines that good cause exists for in-camera review, the department shall provide the unredacted material for in-camera review within seven days. After an in-camera review, the court shall order disclosure of any redacted material that may be relevant to the postconviction proceeding and issue an appropriate protective order limiting the use and scope of the disclosure. (E) To protect personal privacy and other legitimate interests, each party shall redact sensitive information as required by state and federal law and rules of court from all pleadings and other papers filed in the court’s public file, whether filed in paper or electronic form, under this section. (F) The Department of Corrections and Rehabilitation shall promulgate regulations to implement subparagraphs (A) to (C), inclusive. (d) The Department of Corrections and Rehabilitation shall designate a person for each prison as a point of contact for records, transportation, or inquiries pursuant to this section. The department shall regularly maintain a public directory of each person designated pursuant to this subdivision, including contact information. (e) This section does not diminish the ability of the prosecution to oppose relief requested in a postconviction proceeding. (f) This section shall not be interpreted to authorize anything prohibited by an initiative statute. (Amended by Stats. 2025, Ch. 241, Sec. 25. (SB 857) Effective January 1, 2026.)
  162. 1172.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. )

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    This section creates a county resentencing pilot program and requires participating district attorneys, public defenders, state entities, and the evaluator to carry out specified reporting, funding, and analysis tasks.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. ) ## 1172. (a) The County Resentencing Pilot Program (pilot) is hereby established to support and evaluate a collaborative approach to exercising prosecutorial resentencing discretion pursuant to Section 1172.1. Participants in the pilot shall include a county district attorney’s office, a county public defender’s office, and may include a community-based organization in each county pilot site. (b) Each participating district attorney’s office shall do all of the following: (1) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend individuals for recall and resentencing. The district attorney’s office may take into account any input provided by the participating public defender’s office or a qualified contracted community-based organization in developing this policy. (2) Identify, investigate, and recommend the recall and resentencing of incarcerated persons consistent with its written policy. (3) Direct all funding provided for the pilot be used for the purposes of resentencing individuals pursuant to the pilot, including, but not limited to, ensuring adequate staffing of deputy district attorneys, paralegals, and data analysts who will coordinate obtaining records and case files, support data entry, assist in the preparation and filing of pleadings, coordinate with victim services, and any other tasks required to complete the processing and facilitation of resentencing recommendations and to comply with the requirements of the pilot. (c) A participating district attorney’s office may contract with a qualifying community-based organization for the duration of the pilot. The community-based organization shall have experience working with currently or formerly incarcerated individuals and their support networks, and shall have expertise in at least two of the following areas: (1) Supporting and developing prerelease and reentry plans. (2) Family reunification services. (3) Referrals to postrelease wraparound programs, including, but not limited to, employment, education, housing, substance use disorder, and mental health service programs. (4) Restorative justice programs. (d) Nothing in this section shall be construed to limit the discretion or authority granted to prosecutors under Section 1172.1. (e) All funding provided to a participating public defender’s office shall be used for the purposes of supporting the resentencing of individuals pursuant to the pilot, including, but not limited to, ensuring adequate staffing of deputy public defenders and other support staff to represent incarcerated persons under consideration for resentencing, identifying and recommending incarcerated persons to the district attorney’s office for resentencing consideration, and developing reentry and release plans. A participating public defender’s office may provide input to the county district attorney’s office regarding the factors, criteria, and processes to be used by the district attorney in their exercise of discretion under Section 1172.1. (f) Each participating district attorney’s office shall utilize the same template developed by the evaluator to identify and track specific measures consistent with the goals of this section. The template shall be finalized no later than October 1, 2021. The measures shall include, but not be limited to, the following: (1) A summary of expenditures by each entity receiving funds. (2) A summary of any implementation delays or challenges, as well as steps being taken to address them. (3) The total number of people incarcerated in state prison on the first day of each reporting year for convictions obtained in the reporting county. (4) The factors and criteria used to identify cases to be considered for prosecutor-initiated resentencing. (5) The total number of cases considered by a pilot participant for prosecutor-initiated resentencing. For each case, information collected shall include the date the case was considered, along with the defendant’s race, ethnicity, gender, age at commitment, categories of controlling offenses, date of prison admission, earliest possible release date or minimum eligible parole date, and date of birth. (6) The total number of prosecutor-initiated resentencing recommendations by the pilot participant to the court for recall of sentence, date of referral, and information on the defendant’s race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of recall consideration, time served, and time remaining. (7) The total number of prosecutor-initiated resentencing recommendations by the pilot participant in which the court responded, the date the court considered each case referred, how many cases the court considered, and information on the defendant’s race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of recall consideration, time served, and time remaining. (8) The total number of prosecutor-initiated resentencing recommendations denied by the court, and for each case the date of the denial and the reasons for the denial, and information on the defendant’s race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of recall consideration, time served, and time remaining. (9) The total number of people who were resentenced, the date of resentencing, and information on the defendant’s race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of recall consideration, time served, and time remaining. (10) The total number of people released from state prison due to prosecutor-initiated resentencing by the pilot participant, how many were released from state prison and the date of release, and information on the defendant’s race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of recall consideration, time served, and time remaining. (g) The participating district attorneys’ offices shall provide the data listed in subdivision (f) to the evaluator on a quarterly basis. (h) To the extent possible, the evaluation of data reported by the participating district attorneys’ offices shall be conducted in a manner that allows for comparison between the pilot participant sites. This includes, but is not limited to, collection and reporting of data at the individual case level using the same definitions. Each pilot participant shall provide any information necessary to the evaluator’s completion of its analysis. (i) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the evaluator’s analysis. (j) The evaluator shall do all of the following: (1) For each case considered by a pilot participant, calculate the time served by an individual and the time remaining on their sentence. (2) Analyze the data and prepare two preliminary reports and a final report to the Legislature. The first preliminary report shall be submitted to the Legislature on or before October 1, 2022. The second preliminary report shall be submitted to the Legislature on or before October 1, 2023. The final report shall be submitted to the Legislature on or before January 31, 2025. (3) As part of the evaluation, the evaluator shall conduct, at minimum, four assessments, as follows: (A) An implementation assessment shall be conducted to determine if pilot activities were implemented as intended. This assessment shall include semi-structured in-depth interviews with all relevant stakeholders, including, but not limited to, representatives from the district attorney agencies, public defender agencies and community-based organizations participating in the pilot jurisdictions. The assessment shall document the different strategies the pilot sites used, the development and implementation of the written resentencing policies and procedures, which cases were prioritized for resentencing and the referral process, and factors that facilitated or hindered implementation. (B) A cost study that shall estimate the resources required to implement the pilot activities, to include both new expenditures on personnel and other goods and services, and the reallocation of resources from prior activities to the pilot activities. The assessment shall include total cost and cost per case. (C) An assessment of the estimated amount of time by which an individual’s earliest possible release date or minimum eligible parole date was advanced due to prosecutor-initiated resentencing, including a descriptive analysis of the process of cases from initial recommendation to final resentencing outcomes to document points of attrition in the process and allow for comparison between individuals based on age, gender, race, offense, and county. This assessment shall include a description of recidivism outcomes for individuals released from prison, based on definitions created in collaboration with pilot participants. This assessment shall include a calculation of the total number of days of incarceration avoided, and amount of time by which the person’s earliest possible release date or minimum eligible parole date was advanced due to prosecutor-initiated resentencing for those individuals released from prison using data maintained by the Department of Corrections and Rehabilitation data systems. (D) An assessment which compares, to the extent feasible, records at the individual case level with county or state administrative data files that capture utilization of government benefit and social service programs, such as Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program, and other government cash or in-kind social services, and court-ordered child support and visitation. The evaluator shall document changes in these indicators at the individual case level during the evaluation period, in order to determine whether any observed changes can be attributed to the pilot. The evaluator shall combine the descriptive information on outcomes from the third and fourth evaluation components with the cost analysis findings from the second component to estimate the potential for cost savings to state and local governments from the pilot activities. The evaluator shall, using the data collected from the pilot, estimate the potential for cost savings to state and local governments from the pilot activities. (k) The pilot term shall begin on September 1, 2021, and end on September 1, 2024. The evaluation term shall begin on September 1, 2021, and end on January 31, 2025. (Added by renumbering Section 1170.01 by Stats. 2022, Ch. 58, Sec. 8. (AB 200) Effective June 30, 2022.)
  163. 1172.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. )

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    This section lets a court recall and resentence certain defendants, and it sets rules for how that resentencing must be handled.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. ) ## 1172.1. (a) (1) When a defendant, upon conviction for a felony offense, has been committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or to the custody of the county correctional administrator pursuant to subdivision (h) of Section 1170, the court may, on its own motion, within 120 days of the date of commitment or at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law, at any time upon the recommendation of the secretary or the Board of Parole Hearings in the case of a defendant incarcerated in state prison, the county correctional administrator in the case of a defendant incarcerated in county jail, the district attorney of the county in which the defendant was sentenced, or the Attorney General if the Department of Justice originally prosecuted the case, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if they had not previously been sentenced, whether or not the defendant is still in custody, and provided the new sentence, if any, is no greater than the initial sentence. Recall and resentencing under this section may be initiated by the original sentencing judge, a judge designated by the presiding judge, or any judge with jurisdiction in the case. (2) The court, in recalling and resentencing pursuant to this subdivision, shall apply the sentencing rules of the Judicial Council and apply any changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing. (3) The resentencing court may, in the interest of justice and regardless of whether the original sentence was imposed after a trial or plea agreement, do the following: (A) Reduce a defendant’s term of imprisonment by modifying the sentence. (B) Vacate the defendant’s conviction and impose judgment on any necessarily included lesser offense or lesser related offense, whether or not that offense was charged in the original pleading, with the concurrence of the defendant, and then resentence the defendant to a reduced term of imprisonment. (4) If the court has recalled the sentence on its own motion, the court shall not impose a judgment on any necessarily included lesser offense or lesser related offense if the conviction was a result of a plea bargain without the concurrence of both the defendant and the district attorney of the county in which the defendant was sentenced, or the Attorney General if the Department of Justice originally prosecuted the case. (5) In recalling and resentencing pursuant to this provision, the court shall consider postconviction factors, including, but not limited to, the disciplinary record and record of rehabilitation of the defendant while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the defendant’s risk for future violence, and evidence that reflects that circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of justice. Evidence that the defendant’s incarceration is no longer in the interest of justice includes, but is not limited to, evidence that the defendant’s constitutional rights were violated in the proceedings related to the conviction or sentence at issue, and any other evidence that undermines the integrity of the underlying conviction or sentence. The court shall consider if the defendant has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence, if the defendant was a victim of intimate partner violence or human trafficking prior to or at the time of the commission of the offense, or if the defendant is a youth or was a youth as defined under subdivision (b) of Section 1016.7 at the time of the commission of the offense, and whether those circumstances were a contributing factor in the commission of the offense. (6) Credit shall be given for time served. (7) The court shall state on the record the reasons for its decision to grant or deny recall and resentencing. (8) (A) Resentencing may be granted without a hearing upon stipulation by the parties. (B) Notwithstanding subparagraph (A), if a victim of a crime wishes to be heard pursuant to the provisions of Section 28 of Article I of the California Constitution, or pursuant to any other provision of law applicable to the hearing, the victim shall notify the prosecution of their request to be heard within 15 days of being notified that resentencing is being sought and the court shall provide an opportunity for the victim to be heard. (9) Resentencing shall not be denied, nor a stipulation rejected, without a hearing where the parties have an opportunity to address the basis for the intended denial or rejection. If a hearing is held, the defendant may appear remotely and the court may conduct the hearing through the use of remote technology, unless counsel requests their physical presence in court. (b) If a resentencing request pursuant to subdivision (a) is from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, a county correctional administrator, a district attorney, or the Attorney General, all of the following shall apply: (1) The court shall provide notice to the defendant and set a status conference within 30 days after the date that the court received the request. The court’s order setting the conference shall also appoint counsel to represent the defendant. (2) There shall be a presumption favoring recall and resentencing of the defendant, which may only be overcome if a court finds the defendant currently poses an unreasonable risk of danger to public safety, as defined in subdivision (c) of Section 1170.18. (c) A defendant is not entitled to file a petition seeking relief from the court under this section. If a defendant requests consideration for relief under this section, the court is not required to respond. (d) After ruling on a referral authorized by this section, the court shall advise the defendant of their right to appeal and the necessary steps and time for taking an appeal. (e) In recognition of the vital role that incarcerated persons have played protecting the people and property of California from wildfires, the Department of Corrections and Rehabilitation shall, by no later than July 1, 2027, promulgate regulations regarding the referral for resentencing of current participants in the California Conservation Camp program, former participants in the California Conservation Camp program who are still in custody, and incarcerated persons working at institutional firehouses that utilize the existing extraordinary conduct referral process and establish all of the following: (1) Authorize the referral for resentencing of eligible incarcerated persons who have two or more years remaining to serve in state prison on their sentence. (2) Prohibit the exclusion of individuals from resentencing consideration based solely on past or pending parole hearing dates. (3) Prohibit the imposition of a minimum time served requirement as a condition for resentencing consideration. (Amended by Stats. 2025, Ch. 712, Sec. 2. (AB 812) Effective January 1, 2026.)
  164. 1172.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. )

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    This section sets out a medical-criteria process for recall and resentencing, including agency recommendations, court hearings, notice duties, and counsel rights.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. ) ## 1172.2. (a) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a) of Section 1170, if the statewide chief medical executive, in consultation with other clinical executives, as needed, determines that an incarcerated person satisfies the medical criteria set forth in subdivision (b), the department shall recommend to the court that the incarcerated person’s sentence be recalled. (b) There shall be a presumption favoring recall and resentencing under this section if the court finds that the facts described in paragraph (1) or (2) exist, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety, as defined in subdivision (c) of Section 1170.18, based on the incarcerated person’s current physical and mental condition. (1) The incarcerated person has a serious and advanced illness with an end-of-life trajectory. Examples include, but are not limited to, metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced end-stage dementia. (2) The incarcerated person is permanently medically incapacitated with a medical condition or functional impairment that renders them permanently unable to complete basic activities of daily living, including, but not limited to, bathing, eating, dressing, toileting, transferring, and ambulation, or has progressive end-stage dementia and that incapacitation did not exist at the time of the original sentencing. (c) Within 10 days of receipt of a positive recommendation by the department, the court shall hold a hearing to consider whether the incarcerated person’s sentence should be recalled. (d) Any physician employed by the department, or their designee, who determines that an incarcerated person has a serious and advanced illness with an end-of-life trajectory or has a medical condition or functional impairment that renders them permanently medically incapacitated shall notify the chief medical executive of the prognosis. If the chief medical executive concurs with the prognosis, they shall notify the warden. Within 48 hours of receiving notification, the warden or the warden’s representative shall notify the incarcerated person of the recall and resentencing procedures and shall arrange for the incarcerated person to designate a family member or other outside agent to be notified as to the incarcerated person’s medical condition and prognosis and as to the recall and resentencing procedures. If the incarcerated person is deemed mentally unfit, the warden or the warden’s representative shall contact the incarcerated person’s emergency contact and provide the information described in subdivision (b). (e) The department shall refer the matter to the court for recall and resentencing within 45 days of the primary physician’s, or their designee’s, diagnosis and referral to the chief medical executive. (f) The warden or the warden’s representative shall provide the incarcerated person and their family member, agent, or emergency contact, as described in subdivision (d), updated information throughout the recall and resentencing process with regard to the incarcerated person’s medical condition and the status of the incarcerated person’s recall and resentencing proceedings. (g) Notwithstanding any other provisions of this section, the incarcerated person or their family member or designee may independently request consideration for recall and resentencing by contacting the chief medical executive at the prison. Upon receipt of the request, the chief medical executive and the warden or the warden’s representative shall follow the procedures described in subdivision (d). If the department determines that the incarcerated person satisfies the criteria set forth in subdivision (b), the department shall recommend to the court that the incarcerated person’s sentence be recalled. The department shall submit a recommendation for release within 45 days. (h) Any recommendation for recall submitted to the court by the department shall include one or more medical evaluations, a postrelease plan, and findings pursuant to subdivision (b). (i) If possible, the matter shall be heard before the same judge of the court who sentenced the incarcerated person. (j) The referring physician or their designees from the department shall be available to the court or defense counsel as necessary throughout the recall and resentencing proceedings. (k) Upon recommendation to the court for recall of sentence, the incarcerated person shall have the right to counsel and, if indigent, the right to court-appointed counsel. (l) If the court grants the recall and resentencing application, the incarcerated person shall be released by the department within 48 hours of receipt of the court’s order, unless a longer time period is agreed to by the incarcerated person. At the time of release, the warden or the warden’s representative shall ensure that the incarcerated person has each of the following in their possession: a discharge medical summary, full medical records, state identification, parole or postrelease community supervision medications, and all property belonging to the incarcerated person. After discharge, any additional records shall be sent to the incarcerated person’s forwarding address. (m) The secretary shall issue a directive to medical and correctional staff employed by the department that details the guidelines and procedures for initiating a recall and resentencing procedure. The directive shall clearly state that any incarcerated person who has a serious and advanced illness with an end-of-life trajectory or who is found to be permanently medically incapacitated is eligible for recall and resentencing consideration and that recall and resentencing procedures shall be initiated upon that prognosis. (n) The provisions of this section shall be available to an incarcerated person who is sentenced to a county jail pursuant to subdivision (h) of Section 1170. For purposes of those incarcerated persons, “secretary” or “warden” shall mean the county correctional administrator and “chief medical executive” shall mean a physician designated by the county correctional administrator, for this purpose. (o) This section does not apply to an incarcerated person sentenced to death or a term of life without the possibility of parole. (p) Beginning January 1, 2024, the California Judicial Council shall publicly release an annual report on the compassionate release program based on records provided by the department pursuant to this section and subsequent court records. The report shall include, but is not limited to, all of the following: (1) The number of people who were referred to the court for recall and resentencing disaggregated by race, ethnicity, age, and gender identity and further disaggregated by the type of criteria on which the referral was based. The report shall identify the following categories of criteria for recall and resentencing referrals: (A) A serious and advanced illness with an end-of-life trajectory. (B) Functional impairment. (C) Cognitive impairment. (2) The number of people released by the court pursuant to this section, disaggregated by race, ethnicity, age, and gender identity. (3) The number of people denied resentencing sought pursuant to this section disaggregated by race, ethnicity, age, and gender identity. (4) Number of people who pass away before completing the recall and resentencing process disaggregated by race, ethnicity, age, and gender identity. (5) Number of people denied resentencing sought pursuant to this section for lack of release plans with data disaggregated by race, ethnicity, age, and gender identity. (6) Number of cases pending decision with data disaggregated by race, ethnicity, age, and gender identity. (Amended by Stats. 2023, Ch. 131, Sec. 158. (AB 1754) Effective January 1, 2024.)
  165. 1172.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. )

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    This section lets certain petitioners ask the sentencing court to vacate a murder, attempted murder, or manslaughter conviction and resentence them if the listed conditions are met.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. ) ## 1172.6. (a) A person convicted of felony murder or murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, attempted murder under the natural and probable consequences doctrine, or manslaughter may file a petition with the court that sentenced the petitioner to have the petitioner’s murder, attempted murder, or manslaughter conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply: (1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder, murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, or attempted murder under the natural and probable consequences doctrine. (2) The petitioner was convicted of murder, attempted murder, or manslaughter following a trial or accepted a plea offer in lieu of a trial at which the petitioner could have been convicted of murder or attempted murder. (3) The petitioner could not presently be convicted of murder or attempted murder because of changes to Section 188 or 189 made effective January 1, 2019. (b) (1) The petition shall be filed with the court that sentenced the petitioner and served by the petitioner on the district attorney, or on the agency that prosecuted the petitioner, and on the attorney who represented the petitioner in the trial court or on the public defender of the county where the petitioner was convicted. If the judge that originally sentenced the petitioner is not available to resentence the petitioner, the presiding judge shall designate another judge to rule on the petition. The petition shall include all of the following: (A) A declaration by the petitioner that the petitioner is eligible for relief under this section, based on all the requirements of subdivision (a). (B) The superior court case number and year of the petitioner’s conviction. (C) Whether the petitioner requests the appointment of counsel. (2) If any of the information required by this subdivision is missing from the petition and cannot be readily ascertained by the court, the court may deny the petition without prejudice to the filing of another petition and advise the petitioner that the matter cannot be considered without the missing information. (3) Upon receiving a petition in which the information required by this subdivision is set forth or a petition where any missing information can readily be ascertained by the court, if the petitioner has requested counsel, the court shall appoint counsel to represent the petitioner. (c) Within 60 days after service of a petition that meets the requirements set forth in subdivision (b), the prosecutor shall file and serve a response. The petitioner may file and serve a reply within 30 days after the prosecutor’s response is served. These deadlines shall be extended for good cause. After the parties have had an opportunity to submit briefings, the court shall hold a hearing to determine whether the petitioner has made a prima facie case for relief. If the petitioner makes a prima facie showing that the petitioner is entitled to relief, the court shall issue an order to show cause. If the court declines to make an order to show cause, it shall provide a statement fully setting forth its reasons for doing so. (d) (1) Within 60 days after the order to show cause has issued, the court shall hold a hearing to determine whether to vacate the murder, attempted murder, or manslaughter conviction and to recall the sentence and resentence the petitioner on any remaining counts in the same manner as if the petitioner had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. This deadline may be extended for good cause. (2) The parties may waive a resentencing hearing and stipulate that the petitioner is eligible to have the murder, attempted murder, or manslaughter conviction vacated and to be resentenced. If there was a prior finding by a court or jury that the petitioner did not act with reckless indifference to human life or was not a major participant in the felony, the court shall vacate the petitioner’s conviction and resentence the petitioner. (3) At the hearing to determine whether the petitioner is entitled to relief, the burden of proof shall be on the prosecution to prove, beyond a reasonable doubt, that the petitioner is guilty of murder or attempted murder under California law as amended by the changes to Section 188 or 189 made effective January 1, 2019. The admission of evidence in the hearing shall be governed by the Evidence Code, except that the court may consider evidence previously admitted at any prior hearing or trial that is admissible under current law, including witness testimony, stipulated evidence, and matters judicially noticed. The court may also consider the procedural history of the case recited in any prior appellate opinion. However, hearsay evidence that was admitted in a preliminary hearing pursuant to subdivision (b) of Section 872 shall be excluded from the hearing as hearsay, unless the evidence is admissible pursuant to another exception to the hearsay rule. The prosecutor and the petitioner may also offer new or additional evidence to meet their respective burdens. A finding that there is substantial evidence to support a conviction for murder, attempted murder, or manslaughter is insufficient to prove, beyond a reasonable doubt, that the petitioner is ineligible for resentencing. If the prosecution fails to sustain its burden of proof, the prior conviction, and any allegations and enhancements attached to the conviction, shall be vacated and the petitioner shall be resentenced on the remaining charges. (e) The petitioner's conviction shall be redesignated as the target offense or underlying felony for resentencing purposes if the petitioner is entitled to relief pursuant to this section, murder or attempted murder was charged generically, and the target offense was not charged. Any applicable statute of limitations shall not be a bar to the court’s redesignation of the offense for this purpose. (f) This section does not diminish or abrogate any rights or remedies otherwise available to the petitioner. (g) A person convicted of murder, attempted murder, or manslaughter whose conviction is not final may challenge on direct appeal the validity of that conviction based on the changes made to Sections 188 and 189 by Senate Bill 1437 (Chapter 1015 of the Statutes of 2018). (h) A person who is resentenced pursuant to this section shall be given credit for time served. The judge may order the petitioner to be subject to parole supervision for up to two years following the completion of the sentence. (Added by renumbering Section 1170.95 by Stats. 2022, Ch. 58, Sec. 10. (AB 200) Effective June 30, 2022.)
  166. 1172.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. )

    Verify source ↗

    This section requires corrections officials to identify certain people with qualifying sentence enhancements, send their information to the sentencing court, and requires the court to review and possibly recall and resentence the case.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. ) ## 1172.7. (a) Any sentence enhancement that was imposed prior to January 1, 2018, pursuant to Section 11370.2 of the Health and Safety Code, except for any enhancement imposed for a prior conviction of violating or conspiring to violate Section 11380 of the Health and Safety Code is legally invalid. (b) The Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator of each county shall identify those persons in their custody currently serving a term for a judgment that includes an enhancement described in subdivision (a) and shall provide the name of each person, along with the person’s date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement. This information shall be provided as follows: (1) By March 1, 2022, for individuals who have served their base term and any other enhancements and are currently serving a sentence based on the enhancement. For purposes of this paragraph, all other enhancements shall be considered to have been served first. (2) By July 1, 2022, for all other individuals. (c) Upon receiving the information described in subdivision (b), the court shall review the judgment and verify that the current judgment includes a sentence enhancement described in subdivision (a). If the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall recall the sentence and resentence the defendant. The review and resentencing shall be completed as follows: (1) By October 1, 2022, for individuals who have served their base term and any other enhancement and are currently serving a sentence based on the enhancement. (2) By December 31, 2023, for all other individuals. (d) (1) Resentencing pursuant to this section shall result in a lesser sentence than the one originally imposed as a result of the elimination of the repealed enhancement, unless the court finds by clear and convincing evidence that imposing a lesser sentence would endanger public safety. Resentencing pursuant to this section shall not result in a longer sentence than the one originally imposed. (2) The court shall apply the sentencing rules of the Judicial Council and apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing. (3) The court may consider postconviction factors, including, but not limited to, the disciplinary record and record of rehabilitation of the defendant while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the defendant’s risk for future violence, and evidence that reflects that circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of justice. (4) Unless the court originally imposed the upper term, the court may not impose a sentence exceeding the middle term unless there are circumstances in aggravation that justify the imposition of a term of imprisonment exceeding the middle term, and those facts have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. (5) The court shall appoint counsel. (e) The parties may waive a resentencing hearing. If the hearing is not waived, the resentencing hearing may be conducted remotely through the use of remote technology, if the defendant agrees. (f) Commencing on January 1, 2025, an individual who has been convicted of a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code and sentenced to death or a life term without the possibility of parole, who, as of January 1, 2025, has not had their judgment reviewed and verified by the sentencing court as provided in subdivision (c), is not eligible for recall and resentencing under this section. This subdivision does not apply retroactively. (Amended by Stats. 2024, Ch. 979, Sec. 1. (SB 285) Effective January 1, 2025.)
  167. 1172.75.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. )

    Verify source ↗

    This section says certain older sentence enhancements are legally invalid, requires corrections officials to identify affected prisoners and send their information to the sentencing court, and requires the court to review, recall, and resentence covered cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.5. Trial Court Sentencing [1170 - 1172.75] ( Chapter 4.5 added by Stats. 1976, Ch. 1139. ) ## ARTICLE 1.5. Recall and Resentencing [1172 - 1172.75] ( Article 1.5 heading added by Stats. 2022, Ch. 58, Sec. 7. ) ## 1172.75. (a) Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code is legally invalid. (b) The Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator of each county shall identify those persons in their custody currently serving a term for a judgment that includes an enhancement described in subdivision (a) and shall provide the name of each person, along with the person’s date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement. This information shall be provided as follows: (1) By March 1, 2022, for individuals who have served their base term and any other enhancements and are currently serving a sentence based on the enhancement. For purposes of this paragraph, all other enhancements shall be considered to have been served first. (2) By July 1, 2022, for all other individuals. (c) Upon receiving the information described in subdivision (b), the court shall review the judgment and verify that the current judgment includes a sentencing enhancement described in subdivision (a). If the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall recall the sentence and resentence the defendant. The review and resentencing shall be completed as follows: (1) By October 1, 2022, for individuals who have served their base term and any other enhancement and are currently serving a sentence based on the enhancement. (2) By December 31, 2023, for all other individuals. (d) (1) Resentencing pursuant to this section shall result in a lesser sentence than the one originally imposed as a result of the elimination of the repealed enhancement, unless the court finds by clear and convincing evidence that imposing a lesser sentence would endanger public safety. Resentencing pursuant to this section shall not result in a longer sentence than the one originally imposed. (2) The court shall apply the sentencing rules of the Judicial Council and apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing. (3) The court may consider postconviction factors, including, but not limited to, the disciplinary record and record of rehabilitation of the defendant while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the defendant’s risk for future violence, and evidence that reflects that circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of justice. (4) Unless the court originally imposed the upper term, the court may not impose a sentence exceeding the middle term unless there are circumstances in aggravation that justify the imposition of a term of imprisonment exceeding the middle term, and those facts have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. (5) The court shall appoint counsel. (e) The parties may waive a resentencing hearing. If the hearing is not waived, the resentencing hearing may be conducted remotely through the use of remote technology, if the defendant agrees. (f) Commencing on January 1, 2025, an individual who has been convicted of a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code and sentenced to death or a life term without the possibility of parole, who, as of January 1, 2025, has not had their judgment reviewed and verified by the sentencing court as provided in subdivision (c), is not eligible for recall and resentencing under this section. This subdivision does not apply retroactively. (Amended by Stats. 2024, Ch. 979, Sec. 2. (SB 285) Effective January 1, 2025.)
  168. 1174.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    This chapter is named the Pregnant and Parenting Women’s Alternative Sentencing Program Act.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174. This chapter shall be known as the Pregnant and Parenting Women’s Alternative Sentencing Program Act. (Added by Stats. 1994, Ch. 63, Sec. 2. Effective May 9, 1994.)
  169. 1174.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174.1. For purposes of this chapter, the following definitions shall apply: (a) “Agency” means the private agency selected by the department to operate this program. (b) “Construction” means the purchase, new construction, reconstruction, remodeling, renovation, or replacement of facilities, or a combination thereof. (c) “County” means each individual county as represented by the county board of supervisors. (d) “Court” means the superior court sentencing the offender to the custody of the department. (e) “Department” means the Department of Corrections. (f) “Facility” means the nonsecure physical buildings, rooms, areas, and equipment. (g) “Program” means an intensive substance abusing pregnant and parenting women’s alternative sentencing program. (Added by Stats. 1994, Ch. 63, Sec. 2. Effective May 9, 1994.)
  170. 1174.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must spend and manage funds for specified facilities and programs, and the money cannot be used for operating costs or before authorizing legislation is enacted.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174.2. (a) Notwithstanding any other law, the unencumbered balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall revert to the unappropriated surplus of the 1990 Prison Construction Fund. The sum of fifteen million dollars ($15,000,000) is hereby appropriated to the Department of Corrections from the 1990 Prison Construction Fund for site acquisition, site studies, environmental studies, master planning, architectural programming, schematics, preliminary plans, working drawings, construction, and long lead and equipment items for the purpose of constructing facilities for pregnant and parenting women’s alternative sentencing programs. These funds shall not be expended for any operating costs, including those costs reimbursed by the department pursuant to subdivision (c) of Section 1174.3. Funds not expended pursuant to this chapter shall be used for planning, construction, renovation, or remodeling by, or under the supervision of, the Department of Corrections and Rehabilitation, of community-based facilities for programs designed to reduce drug use and recidivism, including, but not limited to, restitution centers, facilities for the incarceration and rehabilitation of drug offenders, multipurpose correctional centers, and centers for intensive programs for parolees. These funds shall not be expended until legislation authorizing the establishment of these programs is enacted. If the Legislature finds that the Department of Corrections and Rehabilitation has made a good faith effort to site community-based facilities, but funds designated for these community-based facilities are unexpended as of January 1, 1998, the Legislature may appropriate these funds for other Level I housing. (b) The Department of Corrections and Rehabilitation shall purchase, design, construct, and renovate facilities in counties or multicounty areas with a population of more than 450,000 people pursuant to this chapter. The department shall target for selection, among other counties, Los Angeles County, San Diego County, and a bay area, central valley, and an inland empire county as determined by the Secretary of the Department of Corrections and Rehabilitation. The department, in consultation with the State Department of Health Care Services, shall design core alcohol and drug treatment programs, with specific requirements and standards. Residential facilities shall be licensed by the State Department of Health Care Services in accordance with provisions of the Health and Safety Code governing licensure of alcoholism or drug abuse recovery or treatment facilities. Residential and nonresidential programs shall be certified by the State Department of Health Care Services as meeting its standards for perinatal services. Funds shall be awarded to selected agency service providers based upon all of the following criteria and procedures: (1) A demonstrated ability to provide comprehensive services to pregnant women or women with children who are substance abusers consistent with this chapter. Criteria shall include, but not be limited to, each of the following: (A) The success records of the types of programs proposed based upon standards for successful programs. (B) Expertise and actual experience of persons who will be in charge of the proposed program. (C) Cost-effectiveness, including the costs per client served. (D) A demonstrated ability to implement a program as expeditiously as possible. (E) An ability to accept referrals and participate in a process with the probation department determining eligible candidates for the program. (F) A demonstrated ability to seek and obtain supplemental funding as required in support of the overall administration of this facility from any county, state, or federal source that may serve to support this program, including the State Department of Health Care Services, the Office of Emergency Services, the State Department of Social Services, the State Department of State Hospitals, or any county public health department. In addition, the agency shall also attempt to secure other available funding from all county, state, or federal sources for program implementation. (G) An ability to provide intensive supervision of the program participants to ensure complete daily programming. (2) Staff from the department shall be available to selected agencies for consultation and technical services in preparation and implementation of the selected proposals. (3) The department shall consult with existing program operators that are then currently delivering similar program services, the State Department of Health Care Services, and others it may identify in the development of the program. (4) Funds shall be made available by the department to the agencies selected to administer the operation of this program. (5) Agencies shall demonstrate an ability to provide offenders a continuing supportive network of outpatient drug treatment and other services upon the women’s completion of the program and reintegration into the community. (6) The department may propose any variation of types and sizes of facilities to carry out the purposes of this chapter. (7) The department shall secure all other available funding for its eligible population from all county, state, or federal sources. (8) Each program proposal shall include a plan for the required 12-month residential program, plus a 12-month outpatient transitional services program to be completed by participating women and children. (Amended by Stats. 2013, Ch. 22, Sec. 77. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  171. 1174.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    The department must make the facility designs large enough for the program’s housing, services, and support functions, and the selected operator must run the center and comply with laws, regulations, and health standards.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174.3. (a) The department shall ensure that the facility designs provide adequate space to carry out this chapter, including the capability for nonsecure housing, programming, child care, food services, treatment services, educational or vocational services, intensive day treatment, and transitional living skills services. (b) The agency selected to operate the program shall administer and operate the center and program consistent with the criteria set forth in this chapter and any criteria established by the department. These responsibilities shall include maintenance and compliance with all laws, regulations, and health standards. The department shall contract to reimburse the agency selected to operate this program for women who would otherwise be sentenced to state prison based upon actual costs not provided by other funding sources. (c) Notwithstanding any other law, Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any facility used for multiperson residential use in the last five years, including, but not limited to, motels, hotels, long-term care facilities, apartment buildings, and rooming houses, or to any project for which facilities intended to house no more than 75 women and children are constructed or leased pursuant to this chapter. (d) Proposals submitted pursuant to this chapter are exempt from approval and submittal of plans and specifications to the Joint Legislative Committee on Prison Construction Operations and other legislative fiscal committees. (Added by Stats. 1994, Ch. 63, Sec. 2. Effective May 9, 1994.)
  172. 1174.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    This section sets eligibility rules for a pregnant or parenting women’s alternative sentencing program and assigns duties to the court, district attorney, Director of Corrections, county, and participants.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174.4. (a) Persons eligible for participation in this alternative sentencing program shall meet all of the following criteria: (1) Pregnant women with an established history of substance abuse, or pregnant or parenting women with an established history of substance abuse who have one or more children under six years old at the time of entry into the program. For women with children, at least one eligible child shall reside with the mother in the facility. (2) Never served a prior prison term for, nor been convicted in the present proceeding of, committing or attempting to commit, any of the following offenses: (A) Murder or voluntary manslaughter. (B) Mayhem. (C) Rape. (D) Kidnapping. (E) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (F) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (G) Lewd acts on a child under 14 years of age, as defined in Section 288. (H) Any felony punishable by death or imprisonment in the state prison for life. (I) Any felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, or any felony in which the defendant uses a firearm, as provided in Section 12022.5, 12022.53, or 12022.55, in which the use has been charged and proved. (J) Robbery. (K) Any robbery perpetrated in an inhabited dwelling house or trailer coach as defined in the Vehicle Code, or in the inhabited portion of any other building, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. (L) Arson in violation of subdivision (a) of Section 451. (M) Sexual penetration in violation of subdivision (a) of Section 289 if the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (N) Rape or sexual penetration in concert, in violation of Section 264.1. (O) Continual sexual abuse of a child in violation of Section 288.5. (P) Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert with another, lascivious acts upon a child, or sexual penetration. (Q) Assault with a deadly weapon or with force likely to produce great bodily injury in violation of subdivision (a) of Section 245. (R) Any violent felony defined in Section 667.5. (S) A violation of Section 12022. (T) A violation of Section 18745. (U) Burglary of the first degree. (V) A violation of Section 11351, 11351.5, 11352, 11353, 11358, 11359, 11360, 11370.1, 11370.6, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11383 of the Health and Safety Code. (3) Has not been sentenced to state prison for a term exceeding 36 months. (b) Prior to sentencing, if the court proposes to give consideration to a placement, the court shall consider a written evaluation by the probation department, which shall include the following: (1) Whether the defendant is eligible for participation pursuant to this section. (2) Whether participation by the defendant and her eligible children is deemed to be in the best interests of the children. (3) Whether the defendant is amenable to treatment for substance abuse and would benefit from participation in the program. (4) Whether the program is deemed to be in the best interests of an eligible child of the defendant, as determined by a representative of the appropriate child welfare services agency of the county if the child is a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code. (c) The district attorney shall make a recommendation to the court as to whether or not the defendant would benefit from the program, which the court shall consider in making its decision. If the court’s decision is without the concurrence of the district attorney, the court shall specify its reasons in writing and enter them into the record. (d) If the court determines that the defendant may benefit from participation in this program, the court may impose a sentence of imprisonment pursuant to subdivision (h) of Section 1170 with the recommendation that the defendant participate in the program pursuant to this chapter. The court shall notify the department within 48 hours of imposition of this sentence. (e) The Director of Corrections shall consider the court’s recommendation in making a determination on the inmate’s placement in the program. (f) Women accepted for the program by the Director of Corrections shall be delivered by the county, pursuant to Section 1202a, to the facility selected by the department. Before the director accepts a woman for the program, the county shall provide to the director the necessary information to determine her eligibility and appropriate placement status. Priority for services and aftercare shall be given to inmates who are incarcerated in a county, or adjacent to a county, in which a program facility is located. (g) Prior to being admitted to the program, each participant shall voluntarily sign an agreement specifying the terms and conditions of participation in the program. (h) The department may refer inmates back to the sentencing court if the department determines that an eligible inmate has not been recommended for the program. The department shall refer the inmate to the court by an evaluative report so stating the department’s assessment of eligibility, and requesting a recommendation by the court. (i) Women who successfully complete the program, including the minimum of one year of transition services under intensive parole supervision, shall be discharged from parole. Women who do not successfully complete the program shall be returned to imprisonment pursuant to subdivision (h) of Section 1170 where they shall serve their original sentences. These persons shall receive full credit against their original sentences for the time served in the program, pursuant to Section 2933. (Amended (as amended by Stats. 2010, Ch. 178) by Stats. 2011, Ch. 15, Sec. 453. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Amended version operative January 1, 2012, pursuant to Stats. 2010, Ch. 178, Sec. 107.)
  173. 1174.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    The department must fund and monitor each program’s progress, activities, and performance.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174.5. The department shall be responsible for the funding and monitoring of the progress, activities, and performance of each program. (Added by Stats. 1994, Ch. 63, Sec. 2. Effective May 9, 1994.)
  174. 1174.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    The department must adopt regulations for this chapter, file emergency regulations by July 1, 1995, and later file a certificate of compliance by May 15, 1996. The Director of Corrections may issue director’s criteria to implement and interpret the chapter until July 1, 1996.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174.8. (a) The department shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this chapter. (b) Notwithstanding subdivision (a) and any other law, and except as otherwise specifically provided in this chapter, until July 1, 1996, the Director of Corrections shall have the power to implement, interpret, and make specific the changes made in this chapter by issuing director’s criteria. These criteria shall be exempt from the requirements of Articles 5 (commencing with Section 11346) and 6 (commencing with Section 11349) of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and shall remain in effect until July 1, 1996, unless terminated or replaced by, or readopted as, emergency regulations pursuant to subdivision (c). (c) On or before July 1, 1995, the department shall file emergency regulations to implement this chapter with the Office of Administrative Law. These emergency regulations shall be considered by the office as necessary for the immediate preservation of the public peace, health and safety, or general welfare and shall remain in effect until July 1, 1996, unless terminated or replaced by, or readopted as, permanent regulations in compliance with Articles 5 (commencing with Section 11346) and 6 (commencing with Section 11349) of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) pursuant to subdivision (d). (d) The department shall file a certificate of compliance with the Office of Administrative Law to adopt permanent regulations on or before May 15, 1996. (Added by Stats. 1994, Ch. 63, Sec. 2. Effective May 9, 1994.)
  175. 1174.9.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. )

    Verify source ↗

    A Department of Corrections program facility covered by this chapter is exempt from certain Health and Safety Code requirements.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 4.8. Pregnant and Parenting Women’s Alternative Sentencing Program Act [1174 - 1174.9] ( Chapter 4.8 added by Stats. 1994, Ch. 63, Sec. 2. ) ## 1174.9. A program facility administered by the Department of Corrections pursuant to this chapter is exempt from the requirements and provisions of Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code. (Added by Stats. 1995, Ch. 372, Sec. 4. Effective January 1, 1996.)
  176. 1176.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 5. Bills of Exception [1176- 1176.] ( Chapter 5 enacted 1872. )

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    If written instructions are presented or the court’s charge is reported, the questions in them do not need to be excepted to, but the judge must sign an indorsement showing what the court did.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 5. Bills of Exception [1176- 1176.] ( Chapter 5 enacted 1872. ) ## 1176. When written instructions have been presented, and given, modified, or refused, or when the charge of the court has been taken down by the reporter, the questions presented in such instructions or charge need not be excepted to; but the judge must make and sign an indorsement upon such instructions, showing the action of the court thereon. (Amended by Stats. 1945, Ch. 40.)
  177. 1179.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. )

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    A new trial means reexamining the issue in the same court, before a different jury, after a verdict has been given.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. ) ## 1179. A new trial is a reëxamination of the issue in the same Court, before another jury, after a verdict has been given. (Enacted 1872.)
  178. 118.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )

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    Perjury occurs when a person knowingly makes a false statement about a material matter after taking an oath, or while testifying under penalty of perjury.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence. (Amended by Stats. 1990, Ch. 950, Sec. 2.)
  179. 118.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )

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    A peace officer who knowingly and intentionally makes or causes a false material statement in a peace officer report about a crime investigation or commission commits filing a false report.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 118.1. (a) Every peace officer who, in their capacity as a peace officer, knowingly and intentionally makes, or causes to be made, any material statement in a peace officer report, or to another peace officer and the statement is included in a peace officer report, regarding the commission or investigation of any crime, knowing the statement to be false, is guilty of filing a false report, punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. (b) This section does not apply to a peace officer writing or making a peace officer report, with regard to a false statement that the peace officer included in the report that is attributed to any other person, unless the peace officer writing or making the report knows the statement to be false and is including the statement to present the statement as being true. (Repealed and added by Stats. 2021, Ch. 267, Sec. 2. (AB 750) Effective January 1, 2022.)
  180. 1180.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. )

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    If a new trial is granted, the parties are treated as though no trial had occurred.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. ) ## 1180. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict or finding cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the accusatory pleading. (Amended by Stats. 1951, Ch. 1674.)
  181. 1181.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. )

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    A court may grant a new trial after a verdict or finding against the defendant, but only for the listed grounds.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. ) ## 1181. When a verdict has been rendered or a finding made against the defendant, the court may, upon his application, grant a new trial, in the following cases only: 1. When the trial has been had in his absence except in cases where the trial may lawfully proceed in his absence; 2. When the jury has received any evidence out of court, other than that resulting from a view of the premises, or of personal property; 3. When the jury has separated without leave of the court after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented; 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors; 5. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial, and when the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial thereof before a jury; 6. When the verdict or finding is contrary to law or evidence, but if the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict, finding or judgment accordingly without granting or ordering a new trial, and this power shall extend to any court to which the cause may be appealed; 7. When the verdict or finding is contrary to law or evidence, but in any case wherein authority is vested by statute in the trial court or jury to recommend or determine as a part of its verdict or finding the punishment to be imposed, the court may modify such verdict or finding by imposing the lesser punishment without granting or ordering a new trial, and this power shall extend to any court to which the case may be appealed; 8. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as, under all circumstances of the case, may seem reasonable. 9. When the right to a phonographic report has not been waived, and when it is not possible to have a phonographic report of the trial transcribed by a stenographic reporter as provided by law or by rule because of the death or disability of a reporter who participated as a stenographic reporter at the trial or because of the loss or destruction, in whole or in substantial part, of the notes of such reporter, the trial court or a judge, thereof, or the reviewing court shall have power to set aside and vacate the judgment, order or decree from which an appeal has been taken or is to be taken and to order a new trial of the action or proceeding. (Amended by Stats. 1973, Ch. 167.)
  182. 1182.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. )

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    A new-trial application must be made and decided before judgment or the first of certain listed later events, and the clerk must immediately enter the grant or denial order in the minutes.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 6. New Trials [1179 - 1182] ( Chapter 6 enacted 1872. ) ## 1182. The application for a new trial must be made and determined before judgment, the making of an order granting probation, the commitment of a defendant for observation as a mentally disordered sex offender, or the commitment of a defendant for narcotics addiction or insanity, whichever first occurs, and the order granting or denying the application shall be immediately entered by the clerk in the minutes. (Amended by Stats. 1980, Ch. 676, Sec. 252.)
  183. 1185.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. )

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    A defendant may make a motion in arrest of judgment to ask that no judgment be entered on a guilty plea, verdict, or finding, but it must be made and decided before judgment is pronounced.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. ) ## 1185. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea, finding, or verdict of guilty, or on a finding or verdict against the defendant, on a plea of a former conviction, former acquittal or once in jeopardy. It may be founded on any of the defects in the accusatory pleading mentioned in Section 1004, unless the objection has been waived by a failure to demur, and must be made and determined before the judgment is pronounced. When determined, the order must be immediately entered in the minutes. (Amended by Stats. 1951, Ch. 1674.)
  184. 1186.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. )

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    The court may, on its own motion and before judgment is pronounced, arrest the judgment for qualifying defects in the accusatory pleading.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. ) ## 1186. The court may, on its own motion, at any time before judgment is pronounced, arrest the judgment for any of the defects in the accusatory pleading upon which a motion in arrest of judgment may be founded as provided in Section 1185, by order for that purpose entered upon its minutes. (Amended by Stats. 1951, Ch. 1674.)
  185. 1187.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. )

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    An order arresting judgment resets the defendant’s procedural position to the stage before the indictment or information in a felony case, or to before trial in a misdemeanor or infraction case.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. ) ## 1187. The effect of an order arresting judgment, in a felony case, is to place the defendant in the same situation in which the defendant was immediately before the indictment was found or information filed. In a misdemeanor or infraction case, the effect is to place the defendant in the situation in which the defendant was before the trial was had. (Amended by Stats. 1998, Ch. 931, Sec. 391. Effective September 28, 1998.)
  186. 1188.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. )

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    After an arrest of judgment, the court may recommit the defendant or admit him to bail again if a new charge can be framed; if the evidence shows another offense, the defendant must be committed or held, and if no offense is shown, the defendant must be discharged and any bail or money deposit handled back to the defendant or depositor.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 7. Arrest of Judgment [1185 - 1188] ( Chapter 7 enacted 1872. ) ## 1188. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment or information can be framed upon which he may be convicted, the court may order him to be recommitted to the officer of the proper county, or admitted to bail anew, to answer the new indictment or information. If the evidence shows him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution. But if no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged; or if admitted to bail, his bail is exonerated; or if money has been deposited instead of bail, it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant; and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment or information was founded. (Amended by Stats. 1935, Ch. 657.)
  187. 118a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person commits perjury if, in a qualifying affidavit, they willfully state as true a material fact they know is false.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 118a. Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false. (Added by Stats. 1905, Ch. 485.)
  188. 119.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )

    Verify source ↗

    For the preceding sections, “oath” includes an affirmation and any other lawful way of attesting the truth of a statement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 119. The term “oath,” as used in the last two sections, includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated. (Amended by Stats. 1905, Ch. 485.)
  189. 1191.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    After a felony guilty verdict or similar finding, the court must set judgment within 20 judicial days and send eligible cases to probation for a report.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191. In a felony case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of a former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment, which shall be within 20 judicial days after the verdict, finding, or plea of guilty, during which time the court shall refer the case to the probation officer for a report if eligible for probation and pursuant to Section 1203. However, the court may extend the time not more than 10 days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment, and may further extend the time until the probation officer’s report is received and until any proceedings for granting or denying probation have been disposed of. If, in the opinion of the court, there is a reasonable ground for believing a defendant insane, the court may extend the time for pronouncing sentence until the question of insanity has been heard and determined, as provided in this code. If the court orders the defendant placed in a diagnostic facility pursuant to Section 1203.03, the time otherwise allowed by this section for pronouncing judgment is extended by a period equal to (1) the number of days which elapse between the date of the order and the date on which notice is received from the Director of Corrections advising whether or not the Department of Corrections will receive the defendant in the facility, and (2) if the director notifies the court that it will receive the defendant, the time which elapses until his or her return to the court from the facility. (Amended by Stats. 1998, Ch. 931, Sec. 392. Effective September 28, 1998.)
  190. 1191.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    Victims, certain family members, or next of kin have rights to attend and speak at sentencing proceedings, and the probation officer must give them adequate notice.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.1. The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to attend all sentencing proceedings under this chapter and shall be given adequate notice by the probation officer of all sentencing proceedings concerning the person who committed the crime. The victim, or up to two of the victim’s parents or guardians if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to appear, personally or by counsel, at the sentencing proceeding and to reasonably express his, her, or their views concerning the crime, the person responsible, and the need for restitution. The court in imposing sentence shall consider the statements of victims, parents or guardians, and next of kin made pursuant to this section and shall state on the record its conclusion concerning whether the person would pose a threat to public safety if granted probation. The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. (Amended by Stats. 1993, Ch. 338, Sec. 1. Effective January 1, 1994. Note: This section was added on June 8, 1982, by initiative Prop. 8.)
  191. 1191.10.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    This section says that, for Section 1191.1, “victim” includes an insurer or employer who was the victim of workers’ compensation fraud in the listed offenses.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.10. The definition of the term “victim” as used in Section 1191.1 includes any insurer or employer who was the victim of workers’ compensation fraud for the crimes specified in Section 549 of this code, Sections 2314 and 6152 of the Business and Professions Code, Sections 1871.4, 11760, and 11880 of the Insurance Code, and Section 3215 of the Labor Code. (Added by Stats. 1993, Ch. 120, Sec. 9. Effective July 16, 1993.)
  192. 1191.15.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

    Verify source ↗

    The court may allow victim statements to be filed, must consider them before sentencing, and must keep them sealed until sentencing with limited access.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.15. (a) The court may permit the victim of any crime, his or her parent or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to file with the court a written, audiotaped, or videotaped statement, or statement stored on a CD-ROM, DVD, or any other recording medium acceptable to the court, expressing his or her views concerning the crime, the person responsible, and the need for restitution, in lieu of or in addition to the person personally appearing at the time of judgment and sentence. The court shall consider the statement filed with the court prior to imposing judgment and sentence. Whenever an audio or video statement or statement stored on a CD-ROM, DVD, or other medium is filed with the court, a written transcript of the statement shall also be provided by the person filing the statement, and shall be made available as a public record of the court after the judgment and sentence have been imposed. (b) Whenever a written, audio, or video statement or statement stored on a CD-ROM, DVD, or other medium is filed with the court, it shall remain sealed until the time set for imposition of judgment and sentence except that the court, the probation officer, and counsel for the parties may view and listen to the statement not more than two court days prior to the date set for imposition of judgment and sentence. (c) A person or a court shall not permit any person to duplicate, copy, or reproduce by audio or visual means a statement submitted to the court under the provisions of this section. (d) Nothing in this section shall be construed to prohibit the prosecutor from representing to the court the views of the victim, his or her parent or guardian, the next of kin, or the California Victim Compensation Board. (e) In the event the court permits an audio or video statement or statement stored on a CD-ROM, DVD, or other medium to be filed, the court shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement. (Amended by Stats. 2016, Ch. 31, Sec. 238. (SB 836) Effective June 27, 2016.)
  193. 1191.16.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    Certain victims (or their parents/guardians/next of kin) may have their sentencing statements recorded and preserved if they notify the prosecutor in advance and the prosecutor can reasonably provide the equipment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.16. The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, who choose to exercise their rights with respect to sentencing proceedings as described in Section 1191.1 may, in any case where the defendant is subject to an indeterminate term of imprisonment, have their statements simultaneously recorded and preserved by means of videotape, videodisc, or any other means of preserving audio and video, if they notify the prosecutor in advance of the sentencing hearing and the prosecutor reasonably is able to provide the means to record and preserve the statement. If a video and audio record is developed, that record shall be maintained and preserved by the prosecution and used in accordance with the regulations of the Board of Prison Terms at any hearing to review parole suitability or the setting of a parole date. (Added by Stats. 1997, Ch. 902, Sec. 2. Effective January 1, 1998.)
  194. 1191.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    The probation officer must give victims written information about restitution, civil recovery, and related rights when giving notice under Section 1191.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.2. In providing notice to the victim pursuant to Section 1191.1, the probation officer shall also provide the victim with information concerning the victim’s right to civil recovery against the defendant, the requirement that the court order restitution for the victim, the victim’s right to receive a copy of the restitution order from the court and to enforce the restitution order as a civil judgment, the victim’s responsibility to furnish the probation department, district attorney, and court with information relevant to his or her losses, and the victim’s opportunity to be compensated from the Restitution Fund if eligible under Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. This information shall be in the form of written material prepared by the Judicial Council in consultation with the California Victim Compensation Board, shall include the relevant sections of the Penal Code, and shall be provided to each victim for whom the probation officer has a current mailing address. (Amended by Stats. 2016, Ch. 31, Sec. 239. (SB 836) Effective June 27, 2016.)
  195. 1191.21.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    The Office of Emergency Services must create and make available a notification of eligibility card for certain crime victims and derivative victims, and may also provide a downloadable template and allow specified officials to give the card to victims.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.21. (a) (1) The Office of Emergency Services shall develop and make available a “notification of eligibility” card for victims and derivative victims of crimes as defined in subdivision (c) of Section 13960 of the Government Code that includes, but is not limited to, the following information: “If you have been the victim of a crime that meets the required definition, you or others may be eligible to receive payment from the California State Restitution Fund for losses directly resulting from the crime. To learn about eligibility and receive an application to receive payments, call the Victims of Crime Program at (800) 777-9229 or call your local county Victim Witness Assistance Center.” (2) At a minimum, the Office of Emergency Services shall develop a template available for downloading on its Internet Web site the information requested in subdivision (b). (b) In a case involving a crime as defined in subdivision (c) of Section 13960 of the Government Code, the law enforcement officer with primary responsibility for investigating the crime committed against the victim and the district attorney may provide the “notification of eligibility” card to the victim and derivative victim of a crime. (c) The terms “victim” and “derivative victim” shall be given the same meaning given those terms in Section 13960 of the Government Code. (Amended by Stats. 2013, Ch. 352, Sec. 416. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  196. 1191.25.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    The prosecution must try to notify victims before an in-custody informant testifies, and the notice must mention any intended sentence reduction, dismissal, or early parole deal. The victim may appear at sentencing but cannot intervene in that trial.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.25. The prosecution shall make a good faith attempt to notify any victim of a crime which was committed by, or is alleged to have been committed by, an in-custody informant, as defined in subdivision (a) of Section 1127a, within a reasonable time before the in-custody informant is called to testify. The notice shall include information concerning the prosecution’s intention to offer the in-custody informant a modification or reduction in sentence or dismissal of the case or early parole in exchange for the in-custody informant’s testimony in another case. The notification or attempt to notify the victim shall be made prior to the commencement of the trial in which the in-custody informant is to testify where the intention to call him or her is known at that time, but in no case shall the notice be made later than the time the in-custody informant is called to the stand. Nothing contained in this section is intended to affect the right of the people and the defendant to an expeditious disposition of a criminal proceeding, as provided in Section 1050. The victim of any case alleged to have been committed by the in-custody informant may exercise his or her right to appear at the sentencing of the in-custody informant pursuant to Section 1191.1, but the victim shall not have a right to intervene in the trial in which the in-custody informant is called to testify. (Added by Stats. 1989, Ch. 901, Sec. 2.)
  197. 1191.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    The court must orally state certain credit rules at sentencing, and the probation officer must estimate credits, notify the victim, and file the estimate with the court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1191.3. (a) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the court shall make an oral statement that statutory law permits the award of conduct and worktime credits up to one-third or one-half of the sentence that is imposed by the court, that the award and calculation of credits is determined by the sheriff in cases involving imprisonment in county jails and by the Department of Corrections in cases involving imprisonment in the state prison, and that credit for presentence incarceration served by the defendant is calculated by the probation department under current state law. As used in this section, “victim” means the victim of the offense, the victim’s parent or guardian if the victim is a minor, or the victim’s next of kin. (b) The probation officer shall provide a general estimate of the credits to which the defendant may be entitled for previous time served, and conduct or worktime credits authorized under Sections 2931, 2933, or 4019, and shall inform the victim pursuant to Section 1191.1. The probation officer shall file this estimate with the court and it shall become a part of the court record. (c) This section applies to all felony convictions. (Added by Stats. 1987, Ch. 1247, Sec. 3.)
  198. 1192.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    Before sentencing, the court must determine the degree of a crime or attempted crime when the case is based on a guilty plea or a court conviction without a jury.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1192. Upon a plea of guilty, or upon conviction by the court without a jury, of a crime or attempted crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree. Upon the failure of the court to so determine, the degree of the crime or attempted crime of which the defendant is guilty, shall be deemed to be of the lesser degree. (Amended by Stats. 1978, Ch. 1166.)
  199. 1192.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    A defendant who pleads guilty to a charge divided into degrees may specify the degree if the prosecutor consents in open court and the court approves.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1192.1. Upon a plea of guilty to an information or indictment accusing the defendant of a crime or attempted crime divided into degrees when consented to by the prosecuting attorney in open court and approved by the court, such plea may specify the degree thereof and in such event the defendant cannot be punished for a higher degree of the crime or attempted crime than the degree specified. (Amended by Stats. 1978, Ch. 1166.)
  200. 1192.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )

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    If a guilty plea before a committing magistrate specifies the degree of a crime or attempted crime, the defendant cannot be punished for a higher degree than the one specified.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1192.2. Upon a plea of guilty before a committing magistrate as provided in Section 859a, to a crime or attempted crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by such magistrate, such plea may specify the degree thereof and in such event, the defendant cannot be punished for a higher degree of the crime or attempted crime than the degree specified. (Amended by Stats. 1978, Ch. 1166.)

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