Penal Code — Part 5 | PEN — United States — California law | Esheria

Penal Code

Part 5 of 29 · provisions 801–1,000

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

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Provisions of Penal Code

Showing 200 of 5,647

  1. 1244.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )

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    If the required certificate is filed, the Sheriff must keep the defendant in custody and not execute the judgment while the appeal is pending.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1244. If the certificate provided for in the preceding section is filed, the Sheriff must, if the defendant be in his custody, upon being served with a copy thereof, keep the defendant in his custody without executing the judgment, and detain him to abide the judgment on appeal. (Enacted 1872.)
  2. 1245.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )

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    If a certificate is granted after judgment execution has started, that execution is suspended, and the defendant must be returned to original custody when a copy of the certificate is served.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1245. If before the granting of the certificate, the execution of the judgment has commenced, the further execution thereof is suspended, and upon service of a copy of such certificate the defendant must be restored, by the officer in whose custody he is, to his original custody. (Amended by Stats. 1905, Ch. 538.)
  3. 1246.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )

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    The record on appeal must be prepared and filed according to the time and manner set by Judicial Council rules.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1246. The record on appeal shall be made up and filed in such time and manner as shall be prescribed in rules adopted by the Judicial Council. (Amended by Stats. 1945, Ch. 40.)
  4. 1247k

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1a. Judicial Council Rules [1247k- 1247k.] ( Chapter 1a added by Stats. 1941, Ch. 562. )

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    The Judicial Council may make rules for criminal appeals, including how appeal records are prepared and filed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1a. Judicial Council Rules [1247k- 1247k.] ( Chapter 1a added by Stats. 1941, Ch. 562. ) ## 1247k. The Judicial Council shall have the power to prescribe by rules for the practice and procedure on appeal, and for the time and manner in which the records on such appeals shall be made up and filed, in all criminal cases in all courts of this state. The rules shall take effect on July 1, 1943, and thereafter all laws in conflict therewith shall be of no further force or effect. (Amended by Stats. 2004, Ch. 193, Sec. 143. Effective January 1, 2005.)
  5. 1248.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 2. Dismissing an Appeal for Irregularity [1248- 1248.] ( Chapter 2 enacted 1872. )

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    The appellate court may dismiss an appeal if the appeal is irregular in any substantial particular.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 2. Dismissing an Appeal for Irregularity [1248- 1248.] ( Chapter 2 enacted 1872. ) ## 1248. If the appeal is irregular in any substantial particular, but not otherwise, the appellate court may order it to be dismissed. (Amended by Stats. 1945, Ch. 40.)
  6. 125.

    ## 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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    An unqualified statement made without knowing it to be true is treated as a false 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. ) ## 125. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. (Enacted 1872.)
  7. 1252.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. )

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    In criminal appeals, continuances cannot be granted just because counsel stipulate, and any continuance must be limited to the time needed for justice. In a defendant’s appeal, the appellate court must also address trial-court rulings adverse to the State when the Attorney General asks it to.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. ) ## 1252. On an appeal in a criminal case, no continuance shall be granted upon stipulation of counsel, and no continuance shall be granted for any longer period than the ends of justice shall require. On an appeal by a defendant, the appellate court shall, in addition to the issues raised by the defendant, consider and pass upon all rulings of the trial court adverse to the State which it may be requested to pass upon by the Attorney General. (Amended by Stats. 1945, Ch. 40.)
  8. 1253.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. )

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    A judgment may be affirmed if the appellant does not appear, and it may be reversed only after argument even if the respondent does not appear.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. ) ## 1253. The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear. (Enacted 1872.)
  9. 1254.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. )

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    On a felony appeal argument, if the offense is punishable by death, two counsel must be heard on each side if they ask to be heard; otherwise the court may limit argument to one counsel per side.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. ) ## 1254. Upon the argument of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it. In any other case the Court may, in its discretion, restrict the argument to one counsel on each side. (Enacted 1872.)
  10. 1255.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. )

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    The defendant does not have to personally appear in the appellate court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. ) ## 1255. The defendant need not personally appear in the appellate Court. (Enacted 1872.)
  11. 1256.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. )

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    The district attorney must cooperate with and assist the attorney general in presenting criminal matters on appeal.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 3. Argument of the Appeal [1252 - 1256] ( Chapter 3 enacted 1872. ) ## 1256. It shall be the duty of the district attorney to cooperate with and assist the attorney general in presenting all criminal matters on appeal. (Added by Stats. 1927, Ch. 620.)
  12. 1258.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. )

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    After hearing an appeal, the court must give judgment and ignore technical errors or defects that do not affect the parties’ substantial rights.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. ) ## 1258. After hearing the appeal, the Court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties. (Enacted 1872.)
  13. 1259.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. )

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    In a defendant’s appeal, the appellate court may review certain legal questions and instructions, including some issues not objected to in the trial court, if the defendant’s substantial rights were affected.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. ) ## 1259. Upon an appeal taken by the defendant, the appellate court may, without exception having been taken in the trial court, review any question of law involved in any ruling, order, instruction, or thing whatsoever said or done at the trial or prior to or after judgment, which thing was said or done after objection made in and considered by the lower court, and which affected the substantial rights of the defendant. The appellate court may also review any instruction given, refused or modified, even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby. (Amended by Stats. 1939, Ch. 1016.)
  14. 126.

    ## 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 is punishable by imprisonment for two, three, or four years.

    ## 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. ) ## 126. Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (Amended by Stats. 2011, Ch. 15, Sec. 249. (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.)
  15. 1260.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. )

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    The court may change an appealed judgment or order, reduce the offense or punishment, order a new trial, or send the case back to the trial court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. ) ## 1260. The court may reverse, affirm, or modify a judgment or order appealed from, or reduce the degree of the offense or attempted offense or the punishment imposed, and may set aside, affirm, or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial and may, if proper, remand the cause to the trial court for such further proceedings as may be just under the circumstances. (Amended by Stats. 1978, Ch. 1166.)
  16. 1261.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. )

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    If a new trial is ordered, it must be held in the court of the county from which the appeal was taken.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. ) ## 1261. When a new trial is ordered it must be directed to be had in the Court of the county from which the appeal was taken. (Enacted 1872.)
  17. 1262.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. )

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    If a defendant’s conviction is reversed, the reversal counts as a new trial unless the appellate court says otherwise; if the defendant wins outright, the court must order release, bail exoneration, refunds of substitute security, and return of any paid fine.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. ) ## 1262. If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall otherwise direct. If the appellate court directs a final disposition of the action in the defendant’s favor, the court must, if he is in custody, direct him to be discharged therefrom; or if on bail that his bail may be exonerated; or if money or other property was deposited instead of bail, that it be refunded to the defendant or to the person or persons found by the court to have deposited said money or other property on behalf of said defendant. If a judgment against the defendant is reversed and the case is dismissed, or if the appellate court directs a final disposition of the action in defendant’s favor, and defendant has theretofore paid a fine in the case, such act shall also be deemed an order of the court that the fine, including any penalty assessment thereon, be returned to defendant. (Amended by Stats. 1963, Ch. 1609.)
  18. 1263.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. )

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    If the defendant’s judgment is affirmed on appeal, the original judgment must be enforced.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. ) ## 1263. If a judgment against the defendant is affirmed, the original judgment must be enforced. (Enacted 1872.)
  19. 1265.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. )

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    After the judgment certificate is returned, the appellate court no longer handles the appeal, and the lower court must carry the judgment out. The court that gets the certificate may also issue a bench warrant if personal jurisdiction over the defendant is needed and other contact attempts have failed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 4. Judgment Upon Appeal [1258 - 1265] ( Chapter 4 enacted 1872. ) ## 1265. (a) After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect shall be made by the court to which the certificate is remitted. However, if a judgment has been affirmed on appeal no motion shall be made or proceeding in the nature of a petition for a writ of error coram nobis shall be brought to procure the vacation of that judgment, except in the court which affirmed the judgment on appeal. When a judgment is affirmed by a court of appeal and a hearing is not granted by the Supreme Court, the application for the writ shall be made to the court of appeal. (b) Where it is necessary to obtain personal jurisdiction of the defendant in order to carry the judgment into effect, upon a satisfactory showing that other means such as contact by mail, phone, or notification by means of the defendant’s counsel have failed to secure the defendant’s appearance, the court to which the certificate has been remitted may issue a bench warrant. (Amended by Stats. 1992, Ch. 128, Sec. 1. Effective July 7, 1992.)
  20. 1268.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A competent court or magistrate may order a defendant released from actual custody on bail.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1268. Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail. (Enacted 1872.)
  21. 1269.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    This section defines taking of bail, requires the clerk to record bond details when filed, and requires the court to order destruction of a bail bond after more than three years have passed since exoneration or release, if the court is satisfied by affidavit or open-court testimony.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1269. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such bond and the name or names of the surety or sureties thereon. In the event of the loss or destruction of such bond, such entries so made shall be prima facie evidence of the due execution of such bond as required by law. Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such bond be destroyed. (Amended by Stats. 1998, Ch. 931, Sec. 398. Effective September 28, 1998.)
  22. 1269a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A defendant arrested for a public offense generally may not be released on bail unless a competent court or magistrate issues the required written order, and the order must be signed and delivered before release.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1269a. Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail except upon a written order of a competent court or magistrate admitting the defendant to bail in the amount specified in the indorsement referred to in Section 815a, and where an undertaking is furnished, upon a written order of such court or magistrate approving the undertaking. All such orders must be signed by such court or magistrate and delivered to the officer having custody of the defendant before the defendant is released. Any officer releasing any defendant upon bail otherwise than as herein provided shall be guilty of a misdemeanor. (Amended by Stats. 1941, Ch. 366.)
  23. 1269b

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    This section lets specified jail, sheriff, police, and court officers accept bail and start the release process, and it requires county superior court judges to maintain a countywide bail schedule.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1269b. (a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff’s department or police department of a city who is in charge of a jail or is employed at a fixed police or sheriff’s facility and is acting under an agreement with the agency that keeps the jail in which an arrested person is held in custody, an employee of a sheriff’s department or police department of a city who is assigned by the department to collect bail, the clerk of the superior court of the county in which the offense was alleged to have been committed, and the clerk of the superior court in which the case against the defendant is pending may approve and accept bail in the amount fixed by the warrant of arrest, schedule of bail, or order admitting to bail in cash or surety bond executed by a certified, admitted surety insurer as provided in the Insurance Code, to issue and sign an order for the release of the arrested person, and to set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof. (b) If a defendant has appeared before a judge of the court on the charge contained in the complaint, indictment, or information, the bail shall be in the amount fixed by the judge at the time of the appearance. If that appearance has not been made, the bail shall be in the amount fixed in the warrant of arrest or, if no warrant of arrest has been issued, the amount of bail shall be pursuant to the uniform countywide schedule of bail for the county in which the defendant is required to appear, previously fixed and approved as provided in subdivisions (c) and (d). (c) It is the duty of the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions. The penalty schedule for infraction violations of the Vehicle Code shall be established by the Judicial Council in accordance with Section 40310 of the Vehicle Code. (d) A court may, by local rule, prescribe the procedure by which the uniform countywide schedule of bail is prepared, adopted, and annually revised by the judges. If a court does not adopt a local rule, the uniform countywide schedule of bail shall be prepared, adopted, and annually revised by a majority of the judges. (e) In adopting a uniform countywide schedule of bail for all bailable felony offenses the judges shall consider the seriousness of the offense charged. In considering the seriousness of the offense charged the judges shall assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, including, but not limited to, additional bail for charges alleging facts that would bring a person within any of the following sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this code, or Section 11356.5, 11370.2, or 11370.4 of the Health and Safety Code. In considering offenses in which a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the judge shall assign an additional amount of required bail for offenses involving large quantities of controlled substances. (f) (1) The countywide bail schedule shall contain a list of the offenses and the amounts of bail applicable for each as the judges determine to be appropriate. If the schedule does not list all offenses specifically, it shall contain a general clause for designated amounts of bail as the judges of the county determine to be appropriate for all the offenses not specifically listed in the schedule. A copy of the countywide bail schedule shall be sent to the officer in charge of the county jail, to the officer in charge of each city jail within the county, to each superior court judge and commissioner in the county, and to the Judicial Council. (2) The countywide bail schedule shall set zero dollars ($0) bail for an individual who has been arrested in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of a legally protected health care activity, as defined in Section 1549.15, in this state, or an individual obtaining a legally protected health care activity, as defined in Section 1549.15, in this state, if the legally protected health care activity is lawful under the laws of this state. (g) Upon posting bail, the defendant or arrested person shall be discharged from custody as to the offense on which the bail is posted. All money and surety bonds so deposited with an officer authorized to receive bail shall be transmitted immediately to the judge or clerk of the court by which the order was made or warrant issued or bail schedule fixed. If, in the case of felonies, an indictment is filed, the judge or clerk of the court shall transmit all of the money and surety bonds to the clerk of the court. (h) If a defendant or arrested person so released fails to appear at the time and in the court so ordered upon their release from custody, Sections 1305 and 1306 apply. (Amended by Stats. 2025, Ch. 679, Sec. 10. (AB 82) Effective January 1, 2026.)
  24. 1269c

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    For certain warrantless arrests, a peace officer must file a perjury declaration supporting a request for higher bail, and the defendant may ask for lower bail or release on recognizance unless a stated exception applies.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1269c. If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order, and a peace officer has reasonable cause to believe that the amount of bail set forth in the schedule of bail for that offense is insufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, the peace officer shall prepare a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief and file it with a magistrate, as defined in Section 808, or his or her commissioner, in the county in which the offense is alleged to have been committed or having personal jurisdiction over the defendant, requesting an order setting a higher bail. Except where the defendant is charged with an offense listed in subdivision (a) of Section 1270.1, the defendant, either personally or through his or her attorney, friend, or family member, also may make application to the magistrate for release on bail lower than that provided in the schedule of bail or on his or her own recognizance. The magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. If, after the application is made, no order changing the amount of bail is issued within eight hours after booking, the defendant shall be entitled to be released on posting the amount of bail set forth in the applicable bail schedule. (Amended by Stats. 2010, Ch. 176, Sec. 1. (SB 1049) Effective January 1, 2011.)
  25. 127.

    ## 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 person who willfully gets someone else to commit perjury commits subornation of perjury and is punished as if they had committed the perjury themselves.

    ## 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. ) ## 127. Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured. (Enacted 1872.)
  26. 1270.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    Some defendants may be released on their own recognizance instead of bail, and certain misdemeanor defendants are entitled to that release unless the court finds public safety or appearance concerns.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1270. (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder the defendant shall be released. (b) Article 9 (commencing with Section 1318) shall apply to any person who is released pursuant to this section. (Amended by Stats. 1995, Ch. 51, Sec. 1. Effective January 1, 1996.)
  27. 1270.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    For certain arrested persons, a court hearing is required before bail can be set above or below the schedule or before release on own recognizance.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1270.1. (a) Except as provided in subdivision (e), before a person who is arrested for any of the following crimes may be released on bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, or may be released on the person’s own recognizance, a hearing shall be held in open court before the magistrate or judge: (1) A serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, but not including a violation of subdivision (a) of Section 460 (residential burglary). (2) A violation of Section 136.1 where punishment is imposed pursuant to subdivision (c) of Section 136.1, Section 273.5 or 422 if the offense is punished as a felony, or Section 646.9, or former Section 262. (3) A violation of paragraph (1) of subdivision (e) of Section 243. (4) A violation of Section 273.6 if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party. (b) The prosecuting attorney and defense attorney shall be given a two-court-day written notice and an opportunity to be heard on the matter. If the detained person does not have counsel, the court shall appoint counsel for purposes of this section only. The hearing required by this section shall be held within the time period prescribed in Section 825. (c) At the hearing, the court shall consider evidence of past court appearances of the detained person, the maximum potential sentence that could be imposed, and the danger that may be posed to other persons if the detained person is released. In making the determination whether to release the detained person on their own recognizance, the court shall consider the potential danger to other persons, including threats that have been made by the detained person and any past acts of violence. The court shall also consider any evidence offered by the detained person regarding the detained person’s ties to the community and ability to post bond. (d) If the judge or magistrate sets the bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, the judge or magistrate shall state the reasons for that decision and shall address the issue of threats made against the victim or witness, if they were made, in the record. This statement shall be included in the record. (e) Notwithstanding subdivision (a), a judge or magistrate, pursuant to Section 1269c, may, with respect to a bailable felony offense or a misdemeanor offense of violating a domestic violence order, increase bail to an amount exceeding that set forth in the bail schedule without a hearing, provided an oral or written declaration of facts justifying the increase is presented under penalty of perjury by a sworn peace officer. (Amended by Stats. 2022, Ch. 197, Sec. 24. (SB 1493) Effective January 1, 2023.)
  28. 1270.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A person held in custody before conviction because bail was not posted is entitled to an automatic review of the bail amount, and the judge or magistrate must hold that review within five days. The defendant may waive the review.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1270.2. When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant may waive this review. (Added by Stats. 1986, Ch. 658, Sec. 1.)
  29. 1270.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A defendant charged with a death-penalty offense cannot be admitted to bail if the proof of guilt is evident or the presumption of guilt is great.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1270.5. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom. (Added by renumbering Section 1270 (as enacted in 1872) by Stats. 1986, Ch. 248, Sec. 165.)
  30. 1271.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A defendant charged with any other offense may be admitted to bail before conviction as a matter of right.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1271. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right. (Enacted 1872.)
  31. 1272.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    After conviction for a noncapital offense, a defendant on probation application or appeal may be admitted to bail; in some misdemeanor cases this is a matter of right, and one bail-motion notice rule applies.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1272. After conviction of an offense not punishable with death or life without the possibility of parole, a defendant who has made application for probation or who has appealed may be admitted to bail: (a) As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only. (b) As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors. (c) As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing. (Amended by Stats. 2023, Ch. 545, Sec. 2. (AB 791) Effective January 1, 2024.)
  32. 1272.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    The court must order bail pending appeal if the defendant proves they are not likely to flee, do not pose a danger, and the appeal is not for delay and raises a substantial legal question likely to lead to reversal.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1272.1. Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following: (a) By clear and convincing evidence, the defendant is not likely to flee. Under this subdivision the court shall consider the following criteria: (1) The ties of the defendant to the community, including his or her employment, the duration of his or her residence, the defendant’s family attachments and his or her property holdings. (2) The defendant’s record of appearance at past court hearings or of flight to avoid prosecution. (3) The severity of the sentence the defendant faces. (b) By clear and convincing evidence, the defendant does not pose a danger to the safety of any other person or to the community. Under this subdivision the court shall consider, among other factors, whether the crime for which the defendant was convicted is a violent felony, as defined in subdivision (c) of Section 667.5. (c) The appeal is not for the purpose of delay and, based upon the record in the case, raises a substantial legal question which, if decided in favor of the defendant, is likely to result in reversal. For purposes of this subdivision, a “substantial legal question” means a close question, one of more substance than would be necessary to a finding that it was not frivolous. In assessing whether a substantial legal question has been raised on appeal by the defendant, the court shall not be required to determine whether it committed error. In making its decision on whether to grant defendants’ motions for bail under subdivision (3) of Section 1272, the court shall include a brief statement of reasons in support of an order granting or denying a motion for bail on appeal. The statement need only include the basis for the order with sufficient specificity to permit meaningful review. (Amended by Stats. 1989, Ch. 150, Sec. 1.)
  33. 1273.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A defendant may be admitted to bail if the offense is bailable, including at several stages before and after conviction, subject to the listed conditions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1273. If the offense is bailable, the defendant may be admitted to bail before conviction: First—For his appearance before the magistrate, on the examination of the charge, before being held to answer. Second—To appear at the Court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination. Third—After indictment, either before the bench warrant is issued for his arrest, or upon any order of the Court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the Court in which it is found, or to which it may be transferred for trial. And after conviction, and upon an appeal: First—If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate Court may direct, if the judgment is affirmed or modified, or the appeal is dismissed. Second—If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the Court to which said cause may be remanded, and submit himself to the orders and process thereof. (Amended by Code Amendments 1875-76, Ch. 80.)
  34. 1274.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    If bail is discretionary, the court or officer handling the application must require reasonable notice to the county district attorney.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1274. When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given to the District Attorney of the county. (Enacted 1872.)
  35. 1275.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    Judges and magistrates must consider public safety and other listed factors when setting, reducing, or denying bail.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1. (2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant. (b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code. (c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, “unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses. (Amended by Stats. 2014, Ch. 71, Sec. 128. (SB 1304) Effective January 1, 2015.)
  36. 1275.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    Bail cannot be accepted unless a judge or magistrate finds the bail money was not feloniously obtained.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1275.1. (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (b) A hold on the release of a defendant from custody shall only be ordered by a magistrate or judge if any of the following occurs: (1) A peace officer, as defined in Section 830, files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (2) A prosecutor files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. A prosecutor shall have absolute civil immunity for executing a declaration pursuant to this paragraph. (3) The magistrate or judge has probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (c) Once a magistrate or judge has determined that probable cause exists, as provided in subdivision (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by felonious means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail. (d) The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision (b) no later than the date set forth in Section 825. (e) Nothing in this section shall prohibit a defendant from obtaining a loan of money so long as the loan will be funded and repaid with funds not feloniously obtained. (f) At the request of any person providing any portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution, the magistrate or judge, at an evidentiary hearing to determine the source of the funds, may close it to the general public to protect the person’s right to privacy in his or her financial affairs. (g) If the declaration, having been filed with a magistrate or judge, is not acted on within 24 hours, the defendant shall be released from custody upon posting of the amount of bail set. (h) Nothing in this code shall deny the right of the defendant, either personally or through his or her attorney, bail agent licensed by the Department of Insurance, admitted surety insurer licensed by the Department of Insurance, friend, or member of his or her family from making an application to the magistrate or judge for the release of the defendant on bail. (i) The bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation. The misrepresentation may be a factor considered in any subsequent bail hearing. (j) If a defendant has met the burden under subdivision (c), and a defendant will be released from custody upon the issuance of a bail bond issued pursuant to authority of Section 1269 or 1269b by any admitted surety insurer or any bail agent, approved by the Insurance Commissioner, the magistrate or judge shall vacate the holding order imposed under subdivision (b) upon the condition that the consideration for the bail bond is approved by the court. (k) As used in this section, “feloniously obtained” means any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution which is possessed, received, or obtained through an unlawful act, transaction, or occurrence constituting a felony. (Added by Stats. 1998, Ch. 726, Sec. 2. Effective January 1, 1999.)
  37. 1276.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A court or magistrate must accept or approve certain surety-insurer bail bonds without further acknowledgment if they are executed and issued by authorized persons under the stated conditions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1276. (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment if executed by a licensed bail agent of the insurer under penalty of perjury and issued in the name of the insurer by a person authorized to do so by an unrevoked power of attorney on file in the office of the clerk of the county in which the court or magistrate is located. (b) One person may both execute and issue the bail bond or undertaking of bail if qualified as provided in this section. (Added by Stats. 1982, Ch. 517, Sec. 316.)
  38. 1276.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    Bail and immigration bond contracts may not require more than one premium, and renewal premiums are barred, for the listed licensees on the stated dates.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1276.1. (a) On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail. (b) On and after July 1, 2022, no insurer or insurance licensee shall enter into a contract, agreement, or undertaking to post an immigration bond that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until the bond is exonerated. An insurer or insurance licensee shall not charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking to post an immigration bond entered into on and after July 1, 2022. (c) The violation of this section by an insurer, insurance licensee, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorney’s fees as determined by the court in any action brought to enforce this section. (Added by Stats. 2021, Ch. 444, Sec. 1. (AB 1347) Effective January 1, 2022.)
  39. 1276.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. )

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    A bail bond licensee must give the property owner a written disclosure when a bail bond is secured by a lien on real property, and must later reconvey or release the lien within the stated deadline.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail [1268 - 1276.5] ( Article 1 enacted 1872. ) ## 1276.5. (a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien against real property, the bail bond licensee shall provide the property owner with a written disclosure statement in the following form: “DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT UNTIL YOU READ AND UNDERSTAND IT! THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!” (b) The disclosure required in subdivision (a) shall be made in 14-point bold type by either of the following means: (1) A separate and specific document attached to or accompanying the application. (2) A clear and conspicuous statement on the face of the application. (c) The property owner shall be given a completed copy of the disclosure statement and of the note and deed of trust or other instrument creating the lien against real property prior to the execution of any instrument creating a lien against real property. The failure to fully comply with subdivision (a) or (b), or this subdivision, shall render the deed of trust or other instrument creating the lien against real property voidable. (d) Within 30 days after notice is given by any individual, agency, or entity to the surety or bail bond licensee of the expiration of the time for appeal of the order exonerating the bail bond, or within 30 days after the payment in full of all moneys owed on the bail bond obligation secured by any lien against real property, whichever is later in time, the bail bond licensee shall deliver to the property owner a fully executed and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property to secure performance of the conditions of the bail bond. If a timely notice of appeal of the order exonerating the bail bond is filed with the court, that 30-day period shall begin on the date the determination of the appellate court affirming the order exonerating the bail bond becomes final. Upon the reconveyance, the licensee shall deliver to the property owner the original note and deed of trust, security agreement, or other instrument which secures the bail bond obligation. If the licensee fails to comply with this subdivision, the property owner may petition the superior court to issue an order directing the clerk of the superior court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. The petition shall be verified and shall allege facts showing that the licensee has failed to comply with this subdivision. (e) The violation of this section shall make the violator liable to the person affected by the violation for all damages which that person may sustain by reason of the violation plus statutory damages in the sum of three hundred dollars ($300). The property owner shall be entitled, if he or she prevails, to recover court costs and reasonable attorney’s fees as determined by the court in any action brought to enforce this section. (Added by Stats. 1991, Ch. 838, Sec. 1.)
  40. 1277.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    If a defendant has been held to answer after an examination for a public offense, bail may be admitted by the holding magistrate or by any magistrate with habeas corpus power.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1277. When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus. (Enacted 1872.)
  41. 1278.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    Bail must be made through a written undertaking signed by two sufficient sureties, and bail undertakings must include specified bail agency and bail agent information.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1278. (a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form: An order having been made on the ____ day of ____, 20__, by ____, a judge of the ____ Court of ____ County, that ____ be held to answer upon a charge of (stating briefly the nature of the offense), upon which he or she has been admitted to bail in the sum of ____ dollars ($____); we, ____ and ____, of ____ (stating their place of residence and occupation), hereby undertake that the above-named ____ will appear and answer any charge in any accusatory pleading based upon the acts supporting the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself or herself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment or grant of probation, or if he or she fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars ($____) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said (naming the sureties), and the defendant if he or she be a party to the bond, for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306. (b) Every undertaking of bail shall contain the bail agent license number of the owner of the bail agency issuing the undertaking along with the name, address, and phone number of the agency, regardless of whether the owner is an individual, partnership, or corporation. The bail agency name on the undertaking shall be a business name approved by the Insurance Commissioner for use by the bail agency owner, and be so reflected in the public records of the commissioner. The license number of the bail agent appearing on the undertaking shall be in the same type size as the name, address, and phone number of the agency. (Amended by Stats. 2004, Ch. 104, Sec. 1. Effective January 1, 2005.)
  42. 1279.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    Bail sureties must live in the state and be worth the amount set in the undertaking, and the court or magistrate may reject a surety who is not a county resident.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1279. The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered; 2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution, except that if any of the sureties is not worth the amount specified in the undertaking, exclusive of property exempt from execution, but owns any equity in real property, a hearing must be held before the magistrate to determine the value of such equity. Witnesses may be called and examined at such hearing and if the magistrate is satisfied that the value of the equity is equal to twice the amount of the bond such surety is justified. In any case, the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail. (Amended by Stats. 1931, Ch. 1172.)
  43. 128.

    ## 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 person who, by willful perjury or subornation of perjury, causes the conviction and execution of an innocent person is punishable by death or life imprisonment without possibility of parole.

    ## 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. ) ## 128. Every person who, by willful perjury or subornation of perjury procures the conviction and execution of any innocent person, is punishable by death or life imprisonment without possibility of parole. The penalty shall be determined pursuant to Sections 190.3 and 190.4. (Amended by Stats. 1977, Ch. 316.)
  44. 1280.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    Bail must swear by affidavit before the magistrate that they meet the qualifications from the previous section.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1280. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper. (Enacted 1872.)
  45. 1280.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    An affidavit filed to justify bail becomes an attachment lien, and if bail is forfeited with summary judgment entered, the lien is treated like a judgment lien.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1280.1. (a) From the time of recording an affidavit for the justification of bail, the affidavit shall constitute an attachment lien governed by Sections 488.500, 488.510 and 489.310 of the Code of Civil Procedure in the amount of the bail undertaking, until exonerated, released, or otherwise discharged. Any release of the undertaking shall be effected by an order of the court, filed with the clerk of the court, with a certified copy of the order recorded in the office of the county recorder. (b) If the bail is forfeited and summary judgment is entered, pursuant to Sections 1305 and 1306, the lien shall have the force and effect of a judgment lien, by recordation of an abstract of judgment, which, may be enforced and satisfied pursuant to Section 1306 as well as through the applicable execution process set forth in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2001, Ch. 854, Sec. 45. Effective January 1, 2002.)
  46. 1280a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    Affidavits for bail justification must include specified details about the bail undertaking, the real property, encumbrances, prior bonds, and the owner’s signature and acknowledgment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1280a. All affidavits for the justification of bail shall set forth the amount of the bail undertaking, a notice that the affidavit shall constitute a lien upon the real property described in the affidavit immediately upon the recordation of the affidavit with the county recorder pursuant to Section 1280b, and the legal description and assessor’s parcel numbers of the real estate owned by the bail, which is scheduled as showing that they each possess the qualifications provided in the preceding sections, the affidavit shall also show all encumbrances upon the real estate known to affiants and shall show the number of bonds, if any, on which each bail has qualified, within one year before the date of the affidavit, together with the amount of each such bond, the date on which, the county in which, and the name of the principal for whom each bond was executed. The affidavit shall also state the amount of each bail’s liability on bonds executed in previous years and not exonerated at the date of the execution of the affidavit and be signed and acknowledged by the owner of the real property. (Amended by Stats. 1987, Ch. 828, Sec. 82.)
  47. 1280b

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    A judge or magistrate must file bail-justification affidavits with the court clerk within 24 hours after they are presented, using delivery or mail. Certified copies involving real property equity may be recorded with the county recorder if the judge or magistrate gives written order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1280b. It shall be the duty of the judge or magistrate to file with the clerk of the court, within 24 hours after presentation to him or her, all affidavits for the justification of bail, by delivering or mailing them to the clerk of the court. Certified copies of the affidavits for justification of bail involving equity in real property may upon the written order of the judge or magistrate be recorded with the county recorder. (Amended by Stats. 1988, Ch. 676, Sec. 1.)
  48. 1281.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    If bail is allowed and the undertaking is executed and approved, the magistrate must sign an order for the defendant’s discharge, and the defendant must be released when that order is delivered to the proper officer.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1281. Upon the allowance of bail and the execution and approval of the undertaking, the magistrate must, if the defendant is in custody, make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant must be discharged. (Amended by Stats. 1927, Ch. 733.)
  49. 1281a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. )

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    A superior court judge in the county may approve bail and issue a release order in a felony case pending there.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] ( Article 2 enacted 1872. ) ## 1281a. A judge of the superior court within the county, wherein a cause is pending against any person charged with a felony, may justify and approve bail in the said cause, and may execute an order for the release of the defendant which shall authorize the discharge of the defendant by any officer having said defendant in custody. (Amended by Stats. 2002, Ch. 784, Sec. 552. Effective January 1, 2003.)
  50. 1284.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. )

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    If the charged offense is not punishable by death, the bench-warrant officer must bring the defendant before a magistrate for bail. If the defendant appears without the warrant being served, the magistrate must hand the defendant to the sheriff for booking and identification, then the sheriff must return the defendant to the magistrate for bail.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. ) ## 1284. When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail. If the defendant appears before such magistrate without the bench warrant having been served upon him, the magistrate shall deliver him into the custody of the sheriff for the purpose of immediate booking and the recording of identification data, whereupon the sheriff shall deliver the defendant back before the magistrate for the purpose of giving bail. (Amended by Stats. 1961, Ch. 2198.)
  51. 1285.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. )

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    If the charged offense is punishable by death, the arresting officer must deliver the defendant into custody under the bench warrant.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. ) ## 1285. If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench warrant. (Amended by Code Amendments 1880, Ch. 47.)
  52. 1286.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. )

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    The Sheriff must hold the defendant in custody, unless the defendant is admitted to bail after a habeas corpus examination.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. ) ## 1286. When the defendant is so delivered into custody he must be held by the Sheriff, unless admitted to bail on examination upon a writ of habeas corpus. (Enacted 1872.)
  53. 1287.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. )

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    A bail undertaking must be written, signed by two sufficient sureties, acknowledged before the court or magistrate, and include specified details about the bail agency and its license number.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. ) ## 1287. (a) The bail shall be put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the court or magistrate, in substantially the following form: An indictment having been found on the ____ day of ____, 20__, in the Superior Court of the County of ____, charging ____ with the crime of ____ (designating it generally) and he or she having been admitted to bail in the sum of ____ dollars ($____), we, ____ and ____, of ____ (stating their place of residence and occupation), hereby undertake that the above-named ____ will appear and answer any charge in any accusatory pleading based upon the acts supporting the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself or herself amenable to the orders and process of the court, and, if convicted, will appear for pronouncement of judgment or grant of probation; or, if he or she fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars ($____) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said (naming the sureties, and the defendant if he or she be a party to the bond), for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306. (b) Every undertaking of bail shall contain the bail agent license number of the owner of the bail agency issuing the undertaking along with the name, address, and phone number of the agency, regardless of whether the owner is an individual, partnership, or corporation. The bail agency name on the undertaking shall be a business name approved by the Insurance Commissioner for use by the bail agency owner, and be so reflected in the public records of the commissioner. The license number of the bail agent appearing on the undertaking shall be in the same type size as the name, address, and phone number of the agency. (Amended by Stats. 2004, Ch. 104, Sec. 2. Effective January 1, 2005.)
  54. 1288.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. )

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    Rules for bail before indictment also apply to bail after indictment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. ) ## 1288. The provisions contained in sections 1279, 1280, 1280a and 1281, in relation to bail before indictment, apply to bail after indictment. (Amended by Stats. 1927, Ch. 736.)
  55. 1289.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. )

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    A court may increase or reduce bail for a defendant already admitted to bail if there is good cause.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Bail Upon an Indictment Before Conviction [1284 - 1289] ( Article 3 enacted 1872. ) ## 1289. After a defendant has been admitted to bail upon an indictment or information, the Court in which the charge is pending may, upon good cause shown, either increase or reduce the amount of bail. If the amount be increased, the Court may order the defendant to be committed to actual custody, unless he give bail in such increased amount. If application be made by the defendant for a reduction of the amount, notice of the application must be served upon the District Attorney. (Amended by Code Amendments 1880, Ch. 47.)
  56. 129.

    ## 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 person required by law to make a sworn return, statement, or report must not willfully submit it if they know it is false in any respect.

    ## 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. ) ## 129. Every person who, being required by law to make any return, statement, or report, under oath, willfully makes and delivers any such return, statement, or report, purporting to be under oath, knowing the same to be false in any particular, is guilty of perjury, whether such oath was in fact taken or not. (Added by Stats. 1905, Ch. 485.)
  57. 1291.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Bail on Appeal [1291 - 1292] ( Article 4 enacted 1872. )

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    On appeal, a defendant may be admitted to bail, and the bail order may be made by certain magistrates.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Bail on Appeal [1291 - 1292] ( Article 4 enacted 1872. ) ## 1291. In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any Magistrate having the power to issue a writ of habeas corpus, or by the Magistrate before whom the trial was had. (Amended by Code Amendments 1877-78, Ch. 89.)
  58. 1292.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Bail on Appeal [1291 - 1292] ( Article 4 enacted 1872. )

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    Bail on appeal must meet the qualifications and be set up as required by Article II, with the undertaking conditioned as prescribed by Section 1273.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Bail on Appeal [1291 - 1292] ( Article 4 enacted 1872. ) ## 1292. The bail must possess the qualifications, and must be put in, in all respects, as provided in Article II of this Chapter, except that the undertaking must be conditioned as prescribed in Section 1273, for undertakings of bail on appeal. (Enacted 1872.)
  59. 1295.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. )

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    Instead of bail, the defendant or another person may deposit the required bail amount with the court clerk, and the defendant must be released once a deposit certificate is delivered to the custody officer.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. ) ## 1295. (a) The defendant, or any other person, at any time after an order admitting defendant to bail or after the arrest and booking of a defendant for having committed a misdemeanor, instead of giving bail may deposit, with the clerk of the court in which the defendant is held to answer or notified to appear for arraignment, the sum mentioned in the order or, if no order, in the schedule of bail previously fixed by the judges of the court, and, upon delivering to the officer in whose custody defendant is a certificate of the deposit, the defendant must be discharged from custody. (b) Where more than one deposit is made with respect to any charge in any accusatory pleading based upon the acts supporting the original charge as a result of which an earlier deposit was made, the defendant shall receive credit in the amount of any earlier deposit. (c) The clerk of the court shall not accept a general assistance check for this deposit or any part thereof. (Amended by Stats. 1997, Ch. 17, Sec. 104. Effective January 1, 1998.)
  60. 1296.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. )

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    A defendant who has given bail may deposit the sum named in the recognizance before forfeiture, and that deposit exonerates the bail.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. ) ## 1296. If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made the bail is exonerated. (Enacted 1872.)
  61. 1297.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. )

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    When money is deposited, a receipt must be issued in the depositor’s name. If the deposit remains when a fine judgment is entered, the clerk must apply it toward the fine under court direction, then refund any surplus after restitution, fines, and costs. If the receipt holder was not the defendant, the deposit must be returned within 10 days after the receipt is submitted; if no claim is made within 10 days after bail is exonerated, the clerk must immediately notify the depositor.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. ) ## 1297. When money has been deposited, a receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the payment of a fine, the clerk shall, under the direction of the court, if the defendant be the depositor, apply the money in satisfaction thereof, and after satisfying restitution to the victim or the Restitution Fund, fines, and costs, shall refund the surplus, if any, to the defendant. If the person to whom the receipt for the deposit was issued was not the defendant, the deposit after judgment shall be returned to that person within 10 days after the person claims it by submitting the receipt, and, if a claim is not made within 10 days of the exoneration of bail, the clerk shall immediately notify the depositor of the exoneration of bail. (Amended by Stats. 1995, Ch. 313, Sec. 11. Effective August 3, 1995.)
  62. 1298.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. )

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    A defendant or other person may post United States or California bonds, or real property equity, instead of cash deposit for bail, subject to a hearing and valuation by the magistrate.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Deposit Instead of Bail [1295 - 1298] ( Article 5 enacted 1872. ) ## 1298. In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of California of the face value of the cash deposit required, and these bonds shall be treated in the same manner as a deposit of money or the defendant or any other person may give as security any equity in real property which he or she owns, provided that no charge is made to the defendant or any other person for the giving as security of any equity in real property. A hearing, at which witnesses may be called or examined, shall be held before the magistrate to determine the value of the equity and if the magistrate finds that the value of the equity is equal to twice the amount of the cash deposit required he or she shall allow the bail. The clerk shall, under order of the court, when occasion arises therefor, sell the bonds or the equity and apply the proceeds of the sale in the manner that a deposit of cash may be required to be applied. (Amended by Stats. 2008, Ch. 699, Sec. 14. Effective January 1, 2009.)
  63. 1299.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    This article is named the Bail Fugitive Recovery Persons Act.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299. This article shall be known as the Bail Fugitive Recovery Persons Act. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  64. 1299.01.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    This section defines several bail-related terms and states that the section becomes operative on July 1, 2023.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.01. (a) For purposes of this article, the following terms shall have the following meanings: (1) “Bail fugitive” means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted. (2) “Bail” means a bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1802, 1802.5, or 1803 of the Insurance Code. (3) “Depositor of bail” means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense. (4) “Bail fugitive recovery agent” means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Section 1300 or 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department. (b) This section shall become operative on July 1, 2023. (Repealed (in Sec. 18) and added by Stats. 2022, Ch. 768, Sec. 19. (AB 2043) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.)
  65. 1299.02.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    This section limits who may apprehend, detain, or arrest a bail fugitive, and sets penalties for violating the rule.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions: (1) Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01. (2) Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01. (3) Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01. (b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839. (c) Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law. (d) A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient’s location. A person who violates this subdivision is guilty of an infraction punishable by a fine of five thousand dollars ($5,000), is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues. (e) This section shall become operative on July 1, 2023. (Amended by Stats. 2023, Ch. 260, Sec. 16. (SB 345) Effective January 1, 2024.)
  66. 1299.04.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    Certain bail recovery and related licensees must comply with specified Insurance Code sections and Insurance Commissioner regulations; the section becomes operative on July 1, 2023.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.04. (a) A bail fugitive recovery agent, bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery agent for the purposes specified in paragraph (4) of subdivision (a) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner. (b) This section shall become operative on July 1, 2023. (Repealed (in Sec. 22) and added by Stats. 2022, Ch. 768, Sec. 23. (AB 2043) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.)
  67. 1299.05.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    A Section 1299.02-authorized bail fugitive apprehender must follow all laws that apply to the apprehension.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.05. In performing a bail fugitive apprehension, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall comply with all laws applicable to that apprehension. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  68. 1299.06.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    A person authorized to apprehend a bail fugitive must have proper authority documentation with them before making the apprehension.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.06. Before apprehending a bail fugitive, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend issued by the bail or depositor of bail as prescribed in Sections 1300 and 1301. The authority to apprehend document shall include all of the following information: the name of the individual authorized by Section 1299.02 to apprehend a bail fugitive and any fictitious name, if applicable; the address of the principal office of the individual authorized by Section 1299.02 to apprehend a bail fugitive; and the name and principal business address of the bail agency, surety company, or other party contracting with the individual authorized by Section 1299.02 to apprehend a bail fugitive. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  69. 1299.07.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    Authorized bail fugitive recovery persons may not impersonate law enforcement, use government-like uniforms or badges, use fictitious names suggesting government affiliation, or use their position or disclose bail fugitive personal information for immigration enforcement except under a valid judicial warrant or court order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.07. (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent themselves in any manner as being a sworn law enforcement officer. (b) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear any uniform that represents themselves as belonging to any part or department of a federal, state, or local government. Any uniform shall not display the words United States, Bureau, Task Force, Federal, or other substantially similar words that a reasonable person may mistake for a government agency. (c) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear or otherwise use a badge that represents themselves as belonging to any part or department of the federal, state, or local government. (d) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use a fictitious name that represents themselves as belonging to any federal, state, or local government. (e) An individual authorized by Section 1299.02 to apprehend a bail fugitive may wear a jacket, shirt, or vest with the words “BAIL BOND RECOVERY AGENT,” “BAIL ENFORCEMENT,” or “BAIL ENFORCEMENT AGENT” displayed in letters at least two inches high across the front or back of the jacket, shirt, or vest and in a contrasting color to that of the jacket, shirt, or vest. (f) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use that position for the purposes of immigration enforcement, except pursuant to a valid judicial warrant or court order. (g) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any bail fugitive that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant or court order. (h) For purposes of this section, immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. (i) This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. (Amended by Stats. 2025, Ch. 126, Sec. 8. (SB 805) Effective September 20, 2025.)
  70. 1299.08.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    A bail fugitive recovery person must notify local police or the sheriff before trying to apprehend a bail fugitive, unless there are exigent circumstances.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.08. (a) Except under exigent circumstances, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall, prior to and no more than six hours before attempting to apprehend the bail fugitive, notify the local police department or sheriff’s department of the intent to apprehend a bail fugitive in that jurisdiction by doing all of the following: (1) Indicating the name of an individual authorized by Section 1299.02 to apprehend a bail fugitive entering the jurisdiction. (2) Stating the approximate time an individual authorized by Section 1299.02 to apprehend a bail fugitive will be entering the jurisdiction and the approximate length of the stay. (3) Stating the name and approximate location of the bail fugitive. (b) If an exigent circumstance does arise and prior notification is not given as provided in subdivision (a), an individual authorized by Section 1299.02 to apprehend a bail fugitive shall notify the local police department or sheriff’s department immediately after the apprehension, and upon request of the local jurisdiction, shall submit a detailed explanation of those exigent circumstances within three working days after the apprehension is made. (c) This section shall not preclude an individual authorized by Section 1299.02 to apprehend a bail fugitive from making or attempting to make a lawful arrest of a bail fugitive on bond pursuant to Section 1300 or 1301. The fact that a bench warrant is not located or entered into a warrant depository or system shall not affect a lawful arrest of the bail fugitive. (d) For the purposes of this section, notice may be provided to a local law enforcement agency by telephone prior to the arrest or, after the arrest has taken place, if exigent circumstances exist. In that case the name or operator number of the employee receiving the notice information shall be obtained and retained by the bail, depositor of bail, or bail fugitive recovery person. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  71. 1299.09.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    An authorized bail fugitive recovery person may not forcibly enter a premises, except as provided in Section 844.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.09. An individual, authorized by Section 1299.02 to apprehend a bail fugitive shall not forcibly enter a premises except as provided for in Section 844. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  72. 1299.10.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    A person authorized to apprehend a bail fugitive must not carry a firearm or other weapon unless doing so complies with state law.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.10. An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws of the state. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  73. 1299.11.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    A person who violates this act, conspires to violate it, or hires someone to apprehend a bail fugitive knowing the person is not authorized commits a misdemeanor.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.11. Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized by Section 1299.02 to apprehend a bail fugitive, is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  74. 1299.12.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. )

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    This section says the article does not exempt people who are otherwise required to be licensed as private investigators.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5.5. Bail Fugitive Recovery Persons Act [1299 - 1299.12] ( Article 5.5 added by Stats. 2012, Ch. 747, Sec. 1. ) ## 1299.12. Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. (Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.)
  75. 1300.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. )

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    This section lets the bail, depositor, or defendant surrender the defendant before forfeiture, requires certain papers to be delivered to the officer, and sets steps for notice, court appearance, and exoneration.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. ) ## 1300. (a) At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following manner: (1) A certified copy of the undertaking of the bail, a certified copy of the certificate of deposit where a deposit is made, or an affidavit given by the bail licensee or surety company listing all that specific information that would be included on a certified copy of an undertaking of bail, must be delivered to the officer who must detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender. (2) The bail or depositor, upon surrendering the defendant, shall make reasonable effort to give notice to the defendant’s last attorney of record, if any, of such surrender. (3) The officer to whom the defendant is surrendered shall, within 48 hours of the surrender, bring the defendant before the court in which the defendant is next to appear on the case for which he has been surrendered. The court shall advise the defendant of his right to move the court for an order permitting the withdrawal of any previous waiver of time and shall advise him of the authority of the court, as provided in subdivision (b), to order return of the premium paid by the defendant or other person, or any part of it. (4) Upon the undertaking, or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the district attorney of the county, with a copy of the undertaking, or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated. However, if the defendant is released on his own recognizance or on another bond before the issuance of such an order, the court shall order that the bail or deposit be exonerated without prejudice to the court’s authority under subdivision (b). On filing the order and papers used on the application, they are exonerated accordingly. (b) Notwithstanding subdivision (a), if the court determines that good cause does not exist for the surrender of a defendant who has not failed to appear or has not violated any order of the court, it may, in its discretion, order the bail or the depositor to return to the defendant or other person who has paid the premium or any part of it, all of the money so paid or any part of it. (Amended by Stats. 1998, Ch. 223, Sec. 1. Effective January 1, 1999.)
  76. 13000.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The Department of Justice must maintain statewide automated fingerprint identification systems, and state agencies may get information only on a need-to-know basis or qualify for an exemption under stated conditions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13000. (a) All statewide automated fingerprint identification systems shall be maintained by the Department of Justice. For purposes of this section, “automated fingerprint identification system” means electronic comparison of fingerprints to a data base of known persons. (b) Any state agency is exempted from this section if the agency’s director finds that the automated identification system needed to meet programmatic requirements is less costly than an identical system available through an interagency agreement with the Department of Justice, or is not provided by the Department of Justice. (c) Information contained in these systems shall be released to state agencies only on a need-to-know basis pursuant to any of the following: (1) Statutory authorization to the extent permitted by federal law. (2) A court order or decision that requires release of the information. (3) An interagency agreement with the Department of Justice to develop and operate a system. (d) The department may charge a fee to be paid by the agency for the actual cost of supporting the service. (Added by Stats. 1994, Ch. 875, Sec. 1. Effective January 1, 1995.)
  77. 1301.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. )

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    Bail or a person who posted money or bonds for the defendant may arrest the defendant to surrender them, and must deliver the defendant to the court, magistrate, sheriff, or police within 48 hours, with limited waiver and holiday timing rules.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. ) ## 1301. For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, may himself arrest defendant, or by written authority indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age to do so. Any bail or other person who so arrests a defendant in this state shall, without unnecessary delay, and, in any event, within 48 hours of the arrest, deliver the defendant to the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear. Any bail or other person who arrests a defendant outside this state shall, without unnecessary delay after the time defendant is brought into this state, and, in any event, within 48 hours after defendant is brought into this state, deliver the defendant to the custody of the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear. Any bail or other person who willfully fails to deliver a defendant to the court, magistrate, sheriff, or police as required by this section is guilty of a misdemeanor. The provisions of this section relating to the time of delivery of a defendant are for his benefit and, with the consent of the bail, may be waived by him. To be valid, such waiver shall be in writing, signed by the defendant, and delivered to such bail or other person within 48 hours after the defendant’s arrest or entry into this state, as the case may be. The defendant, at any time and in the same manner, may revoke said waiver. Whereupon, he shall be delivered as provided herein without unnecessary delay and, in any event within 48 hours from the time of such revocation. If any 48-hour period specified in this section terminates on a Saturday, Sunday, or holiday, delivery of a defendant by a bail or other person to the court or magistrate or to the custody of the sheriff or police may, without violating this section, take place before noon on the next day following which is not a Saturday, Sunday, or holiday. (Amended by Stats. 1965, Ch. 1859.)
  78. 13010.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The Department of Justice must collect, process, share, and publish criminal statistics data, and it must support reporting by agencies covered by Section 13020.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13010. It shall be the duty of the department: (a) To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source. (b) To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics. (c) To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department. (d) To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department. (e) To process, tabulate, analyze, and interpret the data collected from those persons and agencies. (f) To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state. (g) To make available to the public, through the department’s OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law. (h) To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation. (i) To evaluate, on an annual basis, the progress of California’s transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019, pursuant to Section 9795 of the Government Code. (Amended by Stats. 2016, Ch. 418, Sec. 5. (AB 2524) Effective January 1, 2017.)
  79. 13010.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department must collect juvenile justice data for criminal history and statistical purposes, and it must make statistical data available to the public through the OpenJustice Web portal.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13010.5. (a) The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department, through its bureau whose mission is to protect the rights of children, in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for, and effectiveness of, relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information that may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code. (b) Statistical data collected pursuant to this section shall be made available to the public through the OpenJustice Web portal. The department may make available data collected pursuant to this section in the same manner as data collected pursuant to Section 13202. (Amended by Stats. 2016, Ch. 418, Sec. 6. (AB 2524) Effective January 1, 2017.)
  80. 13011.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department may act as a statistical and research agency for several correctional and parole bodies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13011. The department may serve as statistical and research agency to the Department of Corrections, the Board of Prison Terms, the Board of Corrections, the Department of the Youth Authority, and the Youthful Offender Parole Board. (Amended by Stats. 1979, Ch. 860.)
  81. 13012.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The Department must interpret and present OpenJustice criminal statistics in clear, informative formats, and RIPA must analyze the annual complaint statistics. Reports may not disclose the identity of peace officers.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13012. (a) The information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following: (1) The amount and the types of offenses known to the public authorities. (2) The personal and social characteristics of criminals and delinquents. (3) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents. (4) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court. (5) (A) The total number of each of the following: (i) Civilian complaints received by law enforcement agencies under Section 832.5. (ii) Civilian complaints alleging criminal conduct of either a felony or a misdemeanor. (iii) Civilian complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, including, but not limited to, based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. (B) The statistics reported pursuant to this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories: (i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of the evidence. (ii) “Exonerated,” which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy. (iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint. (iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true. (C) The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency. (b) The department shall give adequate interpretation of the statistics and present the information so that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of criminals and delinquents, or those concerned with the prevention of crime and delinquency. This interpretation shall be presented in clear and informative formats on the OpenJustice Web portal. The Web portal shall also include statistics that are comparable with national uniform criminal statistics published by federal bureaus or departments. (c) Each year, on an annual basis, the Racial and Identity Profiling Advisory Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPA’s analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4 and shall be published on the OpenJustice Web portal. The reports shall not disclose the identity of peace officers. (Amended by Stats. 2017, Ch. 328, Sec. 2. (AB 1518) Effective January 1, 2018.)
  82. 13012.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department must include specified annual electronic-monitoring data about minors in its annual report.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13012.4. (a) The annual report published by the department under Section 13010 shall, in regard to the contents required by paragraph (3) of subdivision (a) of Section 13012, include the annual number of minors placed on electronic monitoring, as defined in Section 628.2 of the Welfare and Institutions Code, including all of the following information for each minor: (1) The total number of days in a calendar year that the minor was subject to electronic monitoring. (2) The total number of days in a calendar year that the minor was detained in juvenile hall for a violation of a term of the minor’s electronic monitoring contract not amounting to a new violation of law. (3) For which of the following reasons was the minor placed or reinstated on electronic monitoring: (A) A new violation of law. (B) A violation of a court order not amounting to a new violation of law. (C) A violation of a term of the minor’s electronic monitoring contract not covered by subparagraph (A) or (B). (4) For which of the following reasons was a minor on electronic monitoring detained in juvenile hall: (A) A new violation of law. (B) A violation of a court order not amounting to a new violation of law. (C) A violation of a term of the minor’s electronic monitoring contract not covered by subparagraph (A) or (B). (5) All of the information described in paragraphs (1) to (4), inclusive, shall be cross-referenced with information about the age, gender, ethnicity, and offense of the minors subject to these court actions. (b) The department’s annual report published under Section 13010 shall include the information described in paragraph (3) of subdivision (a) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2026, for the preceding calendar year. (Added by Stats. 2022, Ch. 796, Sec. 2. (AB 2658) Effective January 1, 2023.)
  83. 13012.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department must include specified statewide juvenile-court and adult-court case information in its annual report.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13012.5. (a) The annual report published by the department under Section 13010 shall, in regard to the contents required by paragraph (4) of subdivision (a) of Section 13012, include the following statewide information: (1) The annual number of fitness hearings held in the juvenile courts under Section 707 of the Welfare and Institutions Code, and the outcomes of those hearings including orders to remand to adult criminal court, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are the subject of those fitness hearings. (2) The annual number of minors whose cases are filed directly in adult criminal court under Sections 602.5 and 707 of the Welfare and Institutions Code, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are filed directly to the adult criminal court. (3) The outcomes of cases involving minors who are prosecuted in adult criminal courts, regardless of how adult court jurisdiction was initiated, including whether the minor was acquitted or convicted, or whether the case was dismissed and returned to juvenile court, including sentencing outcomes, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions. (b) The department’s annual report published under Section 13010 shall include the information described in paragraph (4) of subdivision (a) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2003, for the preceding calendar year. (Amended by Stats. 2016, Ch. 99, Sec. 6. (AB 1953) Effective January 1, 2017.)
  84. 13012.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department must include information about arrests for violations of Section 530.5 in data it publishes on the OpenJustice Web portal under Section 13010.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13012.6. The data published by the department on the OpenJustice Web portal pursuant to Section 13010 shall include information concerning arrests for violations of Section 530.5. (Amended by Stats. 2016, Ch. 418, Sec. 8. (AB 2524) Effective January 1, 2017.)
  85. 13012.7.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department’s annual report must include statistics on lewd or lascivious felonies, starting with the report that includes data from 2022, if the data is available.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13012.7. (a) The annual report published by the department pursuant to Section 13010, commencing with the report that includes data from 2022, shall, to the extent the data is available, include statistics on lewd or lascivious felonies consistent with those reported for rape, including the number of offenses reported and the rate per 100,000 population. (b) For purposes of this section, “lewd or lascivious felonies” means conduct prohibited by Sections 220, 266j, subdivisions (a) to (c), inclusive, of Section 288, and subdivision (a) of Section 288.5. (Added by Stats. 2019, Ch. 245, Sec. 1. (SB 259) Effective January 1, 2020.)
  86. 13012.8.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department must include information about arrests for violations of Section 597 in its annual report under Section 13010.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13012.8. The annual report published by the department pursuant to Section 13010 shall include information concerning arrests for violations of Section 597. (Added by Stats. 2016, Ch. 237, Sec. 1. (SB 1200) Effective January 1, 2017.)
  87. 13012.9.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    OpenJustice Web portal information must include arrest information for Section 236.1 violations and counts of individuals reported as human trafficking victims through the California Incident-Based Reporting System.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13012.9. The information published on the OpenJustice Web portal pursuant to Section 13010 shall include information concerning arrests for violations of Section 236.1 and the number of individuals reported as a victim of human trafficking, as defined in Section 236.1, through the California Incident-Based Reporting System. (Added by Stats. 2025, Ch. 393, Sec. 1. (AB 1239) Effective January 1, 2026.)
  88. 13013.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The department must maintain and annually update a crime statistics data set and make it available on the OpenJustice Web portal.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13013. The department shall maintain a data set, updated annually, that contains the number of crimes reported, number of clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through the OpenJustice Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012. (Amended by Stats. 2016, Ch. 418, Sec. 9. (AB 2524) Effective January 1, 2017.)
  89. 13014.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The Department of Justice must collect and publish homicide-case information, and state or local agencies responsible for those cases must provide demographic information to the department.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13014. (a) The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases: (1) Collect information, as specified in subdivision (b), on all persons who are the victims of, and all persons who are charged with, homicide. (2) Adopt and distribute, as a written form or by electronic means, to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases, forms that will include information to be provided to the department pursuant to subdivision (b). (3) Compile, collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, as well as on the OpenJustice Web portal, and the department shall at least annually update the information required by this section, which shall also be available to the general public. The department shall perform the duties specified in this subdivision within its existing budget. (b) Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, race, and ethnic background. (Amended by Stats. 2016, Ch. 418, Sec. 10. (AB 2524) Effective January 1, 2017.)
  90. 13015.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    The Department of Justice must prepare and submit a plan to replace JCPSS with a modern database and reporting system by January 1, 2023.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13015. (a) The Department of Justice shall submit a plan for the replacement of the Juvenile Court and Probation Statistical System (JCPSS) with a modern database and reporting system. The plan shall be submitted to the Assembly and Senate budget subcommittees on public safety, and the Assembly and Senate Public Safety Committees by January 1, 2023. (b) In devising the plan, the department shall convene a working group consisting of key stakeholders and experts, including, but not limited to, representatives from the Juvenile Justice Data Working Group established within the Board of State and Community Corrections pursuant to Section 6032, agencies that are responsible for the collection and submission of juvenile justice data to department, advocates with experience in the collection, analysis, and utilization of juvenile justice data in California, academic institutions or research organizations with experience in collecting, analyzing, or using juvenile justice data in California, and people directly impacted by the justice system. (c) The plan shall consider the relevant findings and recommendations submitted by the Juvenile Justice Data Working Group in their January 2016 final report. The plan shall, at minimum, include the following: (1) An overall description of the goals of the new data system. (2) A description of all data elements proposed to be captured by the new system, including, but not limited to, all of the following: (A) All data elements currently capture by JCPSS that are to be retained. (B) Data and outcome measures needed to produce, at minimum, recidivism reports for youth organized by age, gender identity, race, ethnicity, and other demographic factors. (C) Data and outcome measures needed to document caseload and placement changes due to the realignment of the state Division of Juvenile Justice to counties. (D) How the revised system will document all of the following: (i) Subsequent referrals to the justice system for violations of probation and warrants. (ii) The use of preadjudication and postadjudication detention, including length of stay. (iii) The use of detention alternatives, such as electronic monitoring, house arrest, or home supervision. (iv) Dispositional placement outcomes by facility type, including length of stay in facilities. “Facility type” includes juvenile halls, group homes, foster care, county camp or ranch, and local facilities developed as an alternative to Division of Juvenile Justice facilities. (3) The use of individual unique identifiers. (4) An analysis of what features must be included to allow users to access and analyze data easily through standard or customized reports, and an analysis of how system data can be made publicly available on the department’s internet website. (5) A discussion of how the new system can be designed to ensure that it may be modified in the future to reflect relevant changes to the juvenile justice system. (6) An analysis of how this new system may impact state and local agencies that provide the department with data for inclusion in JCPSS, including an assessment of how state and local data systems may need to be modified to ensure that comprehensive and high-quality data is collected and transmitted to the department. (7) Major challenges or obstacles, if any, to implementing a new system and recommendations for addressing those challenges. (8) A cost estimate or estimates for the new system and for implementing and funding a new system. These recommendations may include, but are not limited to, a phased implementation approach, providing various options based on a system with differing data capabilities, or providing funding recommendations based on specific system components. (10) A projected implementation timeline. (d) The plan shall also include an assessment of the operational and fiscal feasibility of including both of the following capacities in the new system: (1) Adult court dispositions of youth. (2) Youth development and wellness data including, but not limited to, education attainment, employment, mental health, housing, family connections, foster care, and other wellness outcomes as recommended by the Juvenile Justice Data Working Group in their January 2016 final report. (Added by Stats. 2020, Ch. 337, Sec. 15. (SB 823) Effective September 30, 2020.)
  91. 13016.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. )

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    This section creates an advisory council under the Department of Justice, sets its membership and appointment process, and requires the council to meet, report, and review peace officer training on interactions with people with intellectual/developmental disabilities and mental health conditions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 1. Duties of the Department [13000 - 13016] ( Heading of Article 1 renumbered from Article 2 by Stats. 1986, Ch. 248, Sec. 170. ) ## 13016. (a) For the purposes of this section, the following terms are defined as follows: (1) “Council” means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement. (2) “Intellectual and Developmental Disability” has the same meaning as “developmental disability” in Section 4512 of the Welfare and Institutions Code. (b) Upon appropriation by the Legislature, the Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice. (c) The council shall consist of nine members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, as follows: (1) One person with an intellectual or developmental disability appointed by the Senate Committee on Rules. (2) One parent or family member of a person with an intellectual or developmental disability appointed by the Governor. (3) One representative from an advocacy organization that represents the intellectual and developmental disability community appointed by the Senate Committee on Rules. (4) One representative from an advocacy organization that represents the mental health community appointed by the Speaker of the Assembly. (5) One representative from the State Department of Developmental Services appointed by the Governor. (6) One representative from the Association of Regional Center Agencies appointed by the Governor. (7) One representative from a law enforcement organization appointed by the Speaker of the Assembly. (8) One representative from the Commission on Peace Officer Standards and Training appointed by the Governor. (9) One representative from a labor organization that represents county behavioral health, independent in-home personal care, or intellectual and developmental disability service providers appointed by the Governor. (d) The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, or no later than July 1, 2023, the members shall collectively appoint a chair. (e) Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council. (f) The Attorney General’s Office shall provide a staff member to coordinate and support the council and assist with implementing the council’s recommendations. (g) The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. (h) Duties of the council shall include, but are not limited to, the following: (1) Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training. (2) Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training. (3) Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability. (4) Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder. (5) Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions. (i) This section shall remain in effect only until July 1, 2026, and as of that date is repealed. (Added by Stats. 2022, Ch. 899, Sec. 2. (SB 882) Effective January 1, 2023. Repealed as of July 1, 2026, by its own provisions.)
  92. 1302.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. )

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    If bail was posted as money and the defendant surrenders before forfeiture, the court must order the deposit returned after the required certificate and five-day notice to the district attorney.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. ) ## 1302. If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself or herself to the officer to whom the commitment was directed, in the manner provided in Sections 1300 and 1301, the court shall order a return of the deposit to the defendant or to the person or persons found by the court to have deposited said money on behalf of the defendant, upon the production of the certificate of the officer showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate. (Amended by Stats. 1987, Ch. 828, Sec. 84.)
  93. 13020.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. )

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    On request by the Attorney General, listed public agencies and officials must keep required records, report statistical data, and allow access to that data.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. ) ## 13020. It shall be the duty of every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Department of Justice, Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General: (a) To install and maintain records needed for the correct reporting of statistical data required by him or her. (b) To report statistical data to the department at those times and in the manner that the Attorney General prescribes. (c) To give to the Attorney General, or his or her accredited agent, access to statistical data for the purpose of carrying out this title. (Amended by Stats. 1996, Ch. 872, Sec. 126. Effective January 1, 1997.)
  94. 13020.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. )

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    Records and data reported under the relevant incident-reporting system must be split out by whether the incident occurred in Indian country.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. ) ## 13020.5. (a) Records and data reported in alignment with the federal National Incident-Based Reporting system, pursuant to Sections 13010 and 13020, shall be disaggregated by whether an incident occurred in Indian country. (b) As used in this section, the term “Indian country” has the same meaning as in Section 1151 of Title 18 of the United States Code. (Added by Stats. 2024, Ch. 662, Sec. 2. (AB 2695) Effective January 1, 2025.)
  95. 13021.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. )

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    Local law enforcement agencies must report information to the Department of Justice that the Attorney General requires by regulation about misdemeanor violations in Chapter 7.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. ) ## 13021. Local law enforcement agencies shall report to the Department of Justice such information as the Attorney General may by regulation require relative to misdemeanor violations of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code. (Amended by Stats. 1972, Ch. 1377.)
  96. 13022.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. )

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    Sheriffs and chiefs of police must annually send the Department of Justice reports of justifiable homicides in their jurisdictions, following the Attorney General’s reporting instructions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. ) ## 13022. Each sheriff and chief of police shall annually furnish the Department of Justice, in the manner prescribed by the Attorney General, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide. (Amended by Stats. 2004, Ch. 405, Sec. 21. Effective January 1, 2005.)
  97. 13023.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. )

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    This section requires the Attorney General, the Department of Justice, and law enforcement agencies to exchange and publish hate crime-related policies, brochures, and materials on a schedule.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1. Department Of Justice [13000 - 13023] ( Heading of Chapter 1 amended by Stats. 1986, Ch. 248, Sec. 169. ) ## ARTICLE 2. Duties of Public Agencies and Officers [13020 - 13023] ( Heading of Article 2 renumbered from Article 3 by Stats. 1986, Ch. 248, Sec. 171. ) ## 13023. (a) This section shall be subject to the availability of adequate funding. (b) (1) The Attorney General shall direct state and local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. (2) The Attorney General shall review state and local agencies’ formal policies on hate crimes required by Section 422.87 and the hate crime brochure required pursuant to Section 422.92. The department shall review the policies and brochures for compliance with law. The department shall instruct any agency that did not submit a policy or brochure, or that submitted a legally noncompliant policy or brochure, to submit compliant documents. (c) (1) Law enforcement agencies are required to submit the hate crime documents required by the Attorney General as follows: (A) On or before January 1, 2025, each law enforcement agency in the Counties of Los Angeles, Orange, San Luis Obispo, Santa Barbara, and Ventura shall produce their hate crime materials to the Department of Justice. (B) On or before January 1, 2026, each law enforcement agency in the Counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma shall produce their hate crime materials to the Department of Justice. (C) On or before January 1, 2027, each law enforcement agency in the Counties of Colusa, Glenn, Lassen, Modoc, Nevada, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yuba, Alpine, Amador, Calaveras, El Dorado, Placer, Sacramento, San Joaquin, Stanislaus, Tuolumne, and Yolo and the special districts of the San Francisco Bay Area Rapid Transit District, the Department of the California Highway Patrol, the Department of State Hospitals, and the state park system shall produce their hate crime materials to the Department of Justice. (D) On or before January 1, 2028, each law enforcement agency in the Counties of Fresno, Kern, Kings, Madera, Mariposa, Merced, Tulare, Imperial, Inyo, Mono, Riverside, San Bernardino, and San Diego shall produce their hate crime materials to the Department of Justice. (2) The production of hate crime materials pursuant to paragraph (1) shall proceed on a four-year schedule and shall be ongoing. All law enforcement agencies, including special districts, shall produce to the Attorney General’s office their hate crime materials on the specified date listed above, and then every four years thereafter in perpetuity. (d) On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from law enforcement agencies pursuant to this section. The information shall include the names of agencies that submitted compliant policies and brochures, including any agency that submitted revised compliant documents. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010. (e) Law enforcement agencies shall additionally post the information required in paragraph (1) of subdivision (b) to their internet websites on a monthly basis. (f) For purposes of this section, “hate crime” has the same meaning as in Section 422.55. (Amended by Stats. 2023, Ch. 524, Sec. 2. (AB 449) Effective January 1, 2024.)
  98. 1303.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. )

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    After a bail case is dismissed, the bail cannot be exonerated for 15 days; if the defendant is arrested and charged with a related public offense during that time, the bail is applied to that offense.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. ) ## 1303. If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of 15 days has elapsed since the entry of the order of dismissal. If, within such period, the defendant is arrested and charged with a public offense arising out of the same act or omission upon which the action or proceeding was based, the bail shall be applied to the public offense. If an undertaking of bail is on file, the clerk of the court shall promptly mail notice to the surety on the bond and the bail agent who posted the bond whenever the bail is applied to a public offense pursuant to this section. (Added by Stats. 1971, Ch. 1790.)
  99. 1304.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. )

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    Bail or related security must be exonerated two years after the initial bond date, unless the court decides otherwise.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Exoneration [1300 - 1304] ( Heading of Article 6 amended by Stats. 1971, Ch. 1790. ) ## 1304. Any bail, or moneys or bonds deposited in lieu of bail, or any equity in real property as security in lieu of bail, or any agreement whereby the defendant is released on his or her own recognizance shall be exonerated two years from the effective date of the initial bond, provided that the court is informed in writing at least 60 days prior to 2 years after the initial bond of the fact that the bond is to be exonerated, or unless the court determines otherwise and informs the party executing the bail of the reasons that the bail is not exonerated. (Added by Stats. 1984, Ch. 284, Sec. 1.)
  100. 1305.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    This section lets a court forfeit bail if the defendant does not appear, but it also sets notice, timing, and exoneration rules that can release the surety or depositor from bond obligations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1305. (a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following: (A) Arraignment. (B) Trial. (C) Judgment. (D) Any other occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required. (E) To surrender himself or herself in execution of the judgment after appeal. (2) (A) Notwithstanding paragraph (1), except as provided in subparagraph (B), the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment. (B) The court’s jurisdiction to declare a forfeiture and authority to release bail may be extended for not more than 90 days from the arraignment date originally set by the jailer pursuant to subdivision (a) of Section 1269b if either of the following occur: (i) The prosecutor requests in writing or in open court that the arraignment be continued to allow the prosecutor time to file the complaint. (ii) The defendant requests the extension in writing or in open court. (b) (1) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. At the same time, the court shall mail a copy of the forfeiture notice to the bail agent whose name appears on the bond. The clerk shall also execute a certificate of mailing of the forfeiture notice and shall place the certificate in the court’s file. If the notice of forfeiture is required to be mailed pursuant to this section, the 180-day period provided for in this section shall be extended by a period of five days to allow for the mailing. (2) If the surety is an authorized corporate surety, and if the bond plainly displays the mailing address of the corporate surety and the bail agent, then notice of the forfeiture shall be mailed to the surety at that address and to the bail agent, and mailing alone to the surety or the bail agent shall not constitute compliance with this section. (3) The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply: (A) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture. (B) The clerk fails to mail the notice of forfeiture to the surety at the address printed on the bond. (C) The clerk fails to mail a copy of the notice of forfeiture to the bail agent at the address shown on the bond. (c) (1) If the defendant appears either voluntarily or in custody after surrender or arrest in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice if the notice is required under subdivision (b), the court shall, on its own motion at the time the defendant first appears in court on the case in which the forfeiture was entered, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. (2) If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. (3) If, outside the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, the court shall vacate the forfeiture and exonerate the bail. (4) In lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same bond if both of the following conditions are met: (A) The bail is given prior notice of the reinstatement. (B) The bail has not surrendered the defendant. (d) In the case of a permanent disability, the court shall direct the order of forfeiture to be vacated and the bail or money or property deposited as bail exonerated if, within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice, if notice is required under subdivision (b), it is made apparent to the satisfaction of the court that both of the following conditions are met: (1) The defendant is deceased or otherwise permanently unable to appear in the court due to illness, insanity, or detention by military or civil authorities. (2) The absence of the defendant is without the connivance of the bail. (e) (1) In the case of a temporary disability, the court shall order the tolling of the 180-day period provided in this section during the period of temporary disability, provided that it appears to the satisfaction of the court that the following conditions are met: (A) The defendant is temporarily disabled by reason of illness, insanity, or detention by military or civil authorities. (B) Based upon the temporary disability, the defendant is unable to appear in court during the remainder of the 180-day period. (C) The absence of the defendant is without the connivance of the bail. (2) The period of the tolling shall be extended for a reasonable period of time, at the discretion of the court, after the cessation of the disability to allow for the return of the defendant to the jurisdiction of the court. (f) In all cases where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. (g) In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. (h) In cases arising under subdivision (g), if the bail agent and the prosecuting agency agree that additional time is needed to return the defendant to the jurisdiction of the court, and the prosecuting agency agrees to the tolling of the 180-day period, the court may, on the basis of the agreement, toll the 180-day period within which to vacate the forfeiture. The court may order tolling for up to the length of time agreed upon by the parties. (i) As used in this section, “arrest” includes a hold placed on the defendant in the underlying case while he or she is in custody on other charges. (j) A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer, the bail agent, the surety, or the depositor of money or property, any of whom may appear in person or through an attorney. (k) In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to subdivision (f), (g), or (j), as a condition precedent to granting the motion. (Amended by Stats. 2016, Ch. 79, Sec. 1. (AB 2655) Effective January 1, 2017.)
  101. 1305.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    If a defendant misses a required appearance, the court may delay the case briefly if there may be a valid excuse; otherwise, bail is forfeited and an arrest warrant may be issued.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1305.1. If the defendant fails to appear for arraignment, trial, judgment, or upon any other occasion when his or her appearance is lawfully required, but the court has reason to believe that sufficient excuse may exist for the failure to appear, the court may continue the case for a period it deems reasonable to enable the defendant to appear without ordering a forfeiture of bail or issuing a bench warrant. If, after the court has made the order, the defendant, without sufficient excuse, fails to appear on or before the continuance date set by the court, the bail shall be forfeited and a warrant for the defendant’s arrest may be ordered issued. (Repealed and added by Stats. 1993, Ch. 524, Sec. 4. Effective January 1, 1994.)
  102. 1305.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    The court clerk must send notice and a copy within 30 days when an assessment is required, and the clerk must file a certificate of mailing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1305.2. If an assessment is made a condition of the order to set aside the forfeiture of an undertaking, deposit, or bail under Section 1305, the clerk of the court shall within 30 days mail notice thereof to the surety or depositor at the address of its principal office, mail a copy to the bail agent whose name appears on the bond, and shall execute a certificate of mailing and place it in the court’s file in the case. The time limit for payment shall in no event be less than 30 days after the date of mailing of the notice. If the assessment has not been paid by the date specified, the court shall determine if a certificate of mailing has been executed, and if none has, the court shall cause a notice to be mailed to the surety, depositor, or bail agent whose name appears on the bond, and the surety, depositor, or bail agent whose name appears on the bond shall be allowed an additional 30 days to pay the assessment. (Amended by Stats. 1995, Ch. 56, Sec. 2. Effective January 1, 1996.)
  103. 1305.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    The district attorney, county counsel, or applicable prosecuting agency must recover certain costs and attorney’s fees from forfeited bail money before that money is divided between cities and counties.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1305.3. The district attorney, county counsel, or applicable prosecuting agency, as the case may be, shall recover, out of the forfeited bail money, the costs and attorney’s fees incurred in successfully opposing a motion to vacate the forfeiture and in collecting on the summary judgment prior to the division of the forfeited bail money between the cities and counties in accordance with Section 1463.001. (Amended by Stats. 2016, Ch. 378, Sec. 1. (AB 1854) Effective January 1, 2017.)
  104. 1305.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    Certain bail-related parties may ask the court to extend the 180-day period, but they must show good cause and give the prosecuting agency written notice at least 10 court days before the hearing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1305.4. Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending the 180-day period provided in that section. The motion shall include a declaration or affidavit that states the reasons showing good cause to extend that period. The court, upon a hearing and a showing of good cause, may order the period extended to a time not exceeding 180 days from its order. A motion may be filed and calendared as provided in subdivision (j) of Section 1305. In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to this section as a condition precedent to granting the motion. (Amended by Stats. 2013, Ch. 59, Sec. 6. (SB 514) Effective January 1, 2014.)
  105. 1305.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    This section routes appeals from orders on motions to vacate bail forfeitures under Section 1305 to different courts, depending on the amount in controversy and certain felony-case conditions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305: (a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case. (b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case. (c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 14. (SB 71) Effective January 1, 2024.)
  106. 1305.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    The court may vacate a bail forfeiture and exonerate the bond if the person appears after the 180-day period and meets specified custody and arrest conditions. The moving party must also give written notice to the prosecuting agency at least 10 court days before the hearing, and a related motion may be filed within 20 days after mailing of the notice of entry of judgment if good cause is shown.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1305.6. (a) If a person appears in court after the end of the 180-day period specified in Section 1305, the court may, in its discretion, vacate the forfeiture and exonerate the bond if both of the following conditions are met: (1) The person was arrested on the same case within the county where the case is located, within the 180-day period. (2) The person has been in continuous custody from the time of his or her arrest until the court appearance on that case. (b) Upon a showing of good cause, a motion brought pursuant to paragraph (3) of subdivision (c) of Section 1305 may be filed within 20 days from the mailing of the notice of entry of judgment under Section 1306. (c) In addition to any other notice required by law, the moving party shall give the applicable prosecuting agency written notice of the motion to vacate the forfeiture and exonerate the bond under this section at least 10 court days before the hearing. (Added by Stats. 2012, Ch. 812, Sec. 1. (AB 1824) Effective January 1, 2013.)
  107. 13050.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1.5. Reports to the Bureau of Livestock Identification [13050 - 13051] ( Chapter 1.5 added by Stats. 1994, Ch. 431, Sec. 3. )

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    If a complaint about the loss or theft of an equine animal is made to a sheriff or other officer, that officer must timely send a report to the Bureau of Livestock Identification.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1.5. Reports to the Bureau of Livestock Identification [13050 - 13051] ( Chapter 1.5 added by Stats. 1994, Ch. 431, Sec. 3. ) ## 13050. Each sheriff or other officer to whom a complaint that relates to the loss or theft of any equine animal is made shall, in a timely manner, transmit to the Bureau of Livestock Identification a report pursuant to Section 24104 of the Food and Agricultural Code. (Added by Stats. 1994, Ch. 431, Sec. 3. Effective January 1, 1995.)
  108. 13051.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1.5. Reports to the Bureau of Livestock Identification [13050 - 13051] ( Chapter 1.5 added by Stats. 1994, Ch. 431, Sec. 3. )

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    The Bureau of Livestock Identification must compile a report based on information received under Food and Agricultural Code Section 24104 and send it to all county sheriffs’ departments in a timely manner.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 1.5. Reports to the Bureau of Livestock Identification [13050 - 13051] ( Chapter 1.5 added by Stats. 1994, Ch. 431, Sec. 3. ) ## 13051. The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104 of the Food and Agricultural Code. The bureau shall distribute the report to all county sheriffs’ departments in a timely manner. (Added by Stats. 1994, Ch. 431, Sec. 3. Effective January 1, 1995.)
  109. 1306.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    This section sets deadlines and duties for courts, the district attorney or county counsel, and related parties after bail forfeiture and summary judgment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1306. (a) When any bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture shall enter a summary judgment against each bondsman named in the bond in the amount for which the bondsman is bound. The judgment shall be the amount of the bond plus costs, and notwithstanding any other law, no penalty assessments shall be levied or added to the judgment. (b) If a court grants relief from bail forfeiture, it shall impose a monetary payment as a condition of relief to compensate the people for the costs of returning a defendant to custody pursuant to Section 1305, except for cases where the court determines that in the best interest of justice no costs should be imposed. The amount imposed shall reflect the actual costs of returning the defendant to custody. Failure to act within the required time to make the payment imposed pursuant to this subdivision shall not be the basis for a summary judgment against any or all of the underlying amount of the bail. A summary judgment entered for failure to make the payment imposed under this subdivision is subject to the provisions of Section 1308, and shall apply only to the amount of the costs owing at the time the summary judgment is entered, plus administrative costs and interest. (c) If, because of the failure of any court to promptly perform the duties enjoined upon it pursuant to this section, summary judgment is not entered within 90 days after the date upon which it may first be entered, the right to do so expires and the bail is exonerated. (d) A dismissal of the complaint, indictment, or information after the default of the defendant shall not release or affect the obligation of the bail bond or undertaking. (e) The district attorney or county counsel shall: (1) Demand immediate payment of the judgment within 30 days after the summary judgment becomes final. (2) If the judgment remains unpaid for a period of 20 days after demand has been made, shall forthwith enforce the judgment in the manner provided for enforcement of money judgments generally. If the judgment is appealed by the surety or bondsman, the undertaking required to be given in these cases shall be provided by a surety other than the one filing the appeal. The undertaking shall comply with the enforcement requirements of Section 917.1 of the Code of Civil Procedure. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, jurisdiction of the appeal, and treatment of the appeal as a limited civil case or an unlimited civil case, is governed by Section 1305.5. (f) The right to enforce a summary judgment entered against a bondsman pursuant to this section shall expire two years after the entry of the judgment. (Amended by Stats. 2012, Ch. 470, Sec. 50. (AB 1529) Effective January 1, 2013.)
  110. 1306.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    Sections 1305 and 1306 do not affect payment of bail deposits into the city or county treasury in certain Vehicle Code cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1306.1. The provisions of Sections 1305 and 1306 shall not affect the payment of bail deposits into the city or county treasury, as the case may be, pursuant to Section 40512 of the Vehicle Code in those cases arising under Section 40500 of the Vehicle Code. (Added by Stats. 1965, Ch. 1926.)
  111. 1307.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    If deposited money instead of bail is forfeited and the forfeiture is not discharged or remitted, the clerk must pay it to the county treasurer after 180 days unless the court discharges the forfeiture sooner.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1307. If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 180 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the county treasurer. (Amended by Stats. 1965, Ch. 1926.)
  112. 1308.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. )

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    Courts or magistrates must not accept a person or corporation as surety on bail if an eligible summary judgment remains unpaid after 30 days, subject to stated exceptions. The court clerk must serve notice of the judgment entry on the judgment debtor within 5 days.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305 - 1308] ( Article 7 enacted 1872. ) ## 1308. (a) No court or magistrate shall accept any person or corporation as surety on bail if any summary judgment against that person or corporation entered pursuant to Section 1306 remains unpaid after the expiration of 30 days after service of the notice of the entry of the summary judgment, provided that, if during the 30 days an action or proceeding available at law is initiated to determine the validity of the order of forfeiture or summary judgment rendered on it, this section shall be rendered inoperative until that action or proceeding has finally been determined, provided that, if an appeal is taken, an appeal bond is posted in compliance with Section 917.1 of the Code of Civil Procedure. (b) The clerk of the court in which the judgment is rendered shall serve notice of the entry of judgment upon the judgment debtor within five days after the date of the entry of the summary judgment. (Amended by Stats. 1999, Ch. 570, Sec. 4. Effective January 1, 2000. Inapplicable as prescribed in subd. (a).)
  113. 131.

    ## 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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    People involved in certain California investigations must not knowingly make false, misleading, or concealed material statements; violations are misdemeanors.

    ## 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. ) ## 131. Every person in any matter under investigation for a violation of the Corporate Securities Law of 1968 (Part 1 (commencing with Section 25000) of Division 1 of Title 4 of the Corporations Code), the California Commodity Law of 1990 (Chapter 1 (commencing with Section 29500) of Division 4.5 of Title 4 of the Corporations Code), Section 16755 of the Business and Professions Code, or in connection with an investigation conducted by the head of a department of the State of California relating to the business activities and subjects under the jurisdiction of the department, who knowingly and willfully falsifies, misrepresents, or conceals a material fact or makes any materially false, fictitious, misleading, or fraudulent statement or representation, and any person who knowingly and willfully procures or causes another to violate this section, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding twenty-five thousand dollars ($25,000), or by both that imprisonment and fine for each violation of this section. This section does not apply to conduct charged as a violation of Section 118 of this code. (Added by Stats. 2003, Ch. 876, Sec. 14. Effective January 1, 2004.)
  114. 1310.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    The court may order a defendant arrested, committed to the original custody officer, and detained until legally discharged in certain bail-related cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1310. The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his or her commitment to the officer to whose custody he or she was committed at the time of giving bail, and his or her detention until legally discharged, in the following cases: (a) When, by reason of his or her failure to appear, he or she has incurred a forfeiture of his or her bail, or of money deposited instead thereof. (b) When it satisfactorily appears to the court that his or her bail, or either of them, are dead or insufficient, or have removed from the state. (c) Upon an indictment being found or information filed in the cases provided in Section 985. (Amended by Stats. 1987, Ch. 828, Sec. 85.)
  115. 13100.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. )

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    This section states legislative findings that California criminal justice information should be more accurate, complete, uniform, efficient, and better coordinated.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. ) ## 13100. The Legislature finds and declares as follows: (a) That the criminal justice agencies in this state require, for the performance of their official duties, accurate and reasonably complete criminal offender record information. (b) That the Legislature and other governmental policymaking or policy-researching bodies, and criminal justice agency management units require greatly improved aggregate information for the performance of their duties. (c) That policing agencies and courts require speedy access to information concerning all felony and selected misdemeanor arrests and final dispositions of such cases. (d) That criminal justice agencies may require regular access to detailed criminal histories relating to any felony arrest that is followed by the filing of a complaint. (e) That, in order to achieve the above improvements, the recording, reporting, storage, analysis, and dissemination of criminal offender record information in this state must be made more uniform and efficient, and better controlled and coordinated. (Added by Stats. 1973, Ch. 992.)
  116. 13100.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. )

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    The Attorney General must appoint an advisory committee for the Cal-CII system, and the committee serves at the Attorney General’s pleasure without compensation except reimbursement of necessary expenses.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. ) ## 13100.1. (a) The Attorney General shall appoint an advisory committee to the California-Criminal Index and Identification (Cal-CII) system to assist in the ongoing management of the system with respect to operating policies, criminal records content, and records retention. The committee shall serve at the pleasure of the Attorney General, without compensation, except for reimbursement of necessary expenses. (b) The committee shall consist of the following representatives: (1) One representative from the California Police Chiefs’ Association. (2) One representative from the California Peace Officers’ Association. (3) Three representatives from the California State Sheriffs’ Association. (4) One trial judge appointed by the Judicial Council. (5) One representative from the California District Attorneys Association. (6) One representative from the California Court Clerks’ Association. (7) One representative from the Office of Emergency Services. (8) One representative from the Chief Probation Officers’ Association. (9) One representative from the Department of Corrections and Rehabilitation. (10) One representative from the Department of the California Highway Patrol. (11) One member of the public, appointed by the Senate Committee on Rules, who is knowledgeable and experienced in the process of utilizing background clearances. (12) One member of the public, appointed by the Speaker of the Assembly, who is knowledgeable and experienced in the process of utilizing background clearances. (Amended by Stats. 2013, Ch. 352, Sec. 426. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  117. 13100.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. )

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    The Attorney General’s designee chairs the committee, the Department of Justice must provide staff and support, the committee must meet at least twice a year, subcommittees may be formed as needed, meetings must be open to the public, and reports must be made available to the Legislature and other interested parties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. ) ## 13100.2. (a) The designee of the Attorney General shall serve as chair of the committee. (b) The Department of Justice shall provide staff and support for the committee. (c) The committee shall meet at least twice annually. Subcommittees shall be formed and meet as necessary. All meetings shall be open to the public and reports shall be made available to the Legislature and other interested parties. (Added by Stats. 1998, Ch. 841, Sec. 2. Effective January 1, 1999.)
  118. 13101.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. )

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    This section defines “criminal justice agencies” for this chapter.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. ) ## 13101. As used in this chapter, “criminal justice agencies” are those agencies at all levels of government which perform as their principal functions, activities which either: (a) Relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or (b) Relate to the collection, storage, dissemination or usage of criminal offender record information. (Added by Stats. 1973, Ch. 992.)
  119. 13102.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. )

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    This section defines “criminal offender record information” and says it includes certain arrest, court, custody, release, pardon, and probation/parole records, but excludes investigative and non-identifiable statistical reports.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. ) ## 13102. As used in this chapter, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. Such information shall be restricted to that which is recorded as the result of an arrest, detention, or other initiation of criminal proceedings or of any consequent proceedings related thereto. It shall be understood to include, where appropriate, such items for each person arrested as the following: (a) Personal indentification. (b) The fact, date, and arrest charge; whether the individual was subsequently released and, if so, by what authority and upon what terms. (c) The fact, date, and results of any pretrial proceedings. (d) The fact, date, and results of any trial or proceeding, including any sentence or penalty. (e) The fact, date, and results of any direct or collateral review of that trial or proceeding; the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates. (f) The fact, date, and results of any release proceedings. (g) The fact, date, and authority of any act of pardon or clemency. (h) The fact and date of any formal termination to the criminal justice process as to that charge or conviction. (i) The fact, date, and results of any proceeding revoking probation or parole. It shall not include intelligence, analytical, and investigative reports and files, nor statistical records and reports in which individuals are not identified and from which their identities are not ascertainable. (Added by Stats. 1973, Ch. 992.)
  120. 13103.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. )

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    A criminal justice agency may destroy original records filed under this chapter if the stated reproduction, storage, preservation, and timing conditions are met.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. ) ## 13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met: (a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document. (b) If the records have been reproduced onto optical disk, at least one year has elapsed since the date of registration of the records. (c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes. (d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records. (e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record. (f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction. (Added by Stats. 1989, Ch. 257, Sec. 5.)
  121. 13104.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. )

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    A certified reproduction of a record stored on a nonerasable storage medium is treated as certification of the original record.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 1. Legislative Findings and Definitions [13100 - 13104] ( Article 1 added by Stats. 1973, Ch. 992. ) ## 13104. Any certified reproduction of any record stored on a nonerasable storage medium under the provisions of this chapter shall be deemed to be a certification of the original record. (Added by Stats. 1989, Ch. 257, Sec. 6.)
  122. 1311.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    A recommitment order must state the facts supporting it and direct that the defendant be arrested and held until legally discharged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1311. The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any sheriff, marshal, or policeman in this state, and committed to the officer in whose custody he or she was at the time he or she was admitted to bail, to be detained until legally discharged. (Amended by Stats. 1996, Ch. 872, Sec. 120. Effective January 1, 1997.)
  123. 1312.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    A defendant may be arrested on a certified copy of the order, in any county, as in the case of a warrant of arrest.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1312. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that when arrested in another county the order need not be indorsed by a magistrate of that county. (Enacted 1872.)
  124. 13125.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 2. Recording Information [13125 - 13128] ( Article 2 added by Stats. 1973, Ch. 992. )

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    Criminal offender record information systems must record basic information using specified standard data elements when applicable and available.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 2. Recording Information [13125 - 13128] ( Article 2 added by Stats. 1973, Ch. 992. ) ## 13125. All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements: The following personal identification data: Name—(full name) Aliases Monikers Race Sex Date of birth Place of birth (state or country) Height Weight Hair color Eye color CII number FBI number Social security number California operator’s license number Fingerprint classification number Henry NCIC Address The following arrest data: Arresting agency Booking number Date of arrest Offenses charged Statute citations Literal descriptions Police disposition Released Cited and released Turned over to Complaint filed The following misdemeanor or infraction data or preliminary hearing data: County and court name Date complaint filed Original offenses charged in a complaint or citation Held to answer Certified plea Disposition Not convicted Dismissed Acquitted Court trial Jury trial Convicted Plea Court trial Jury trial Date of disposition Convicted offenses Sentence Sentence enhancement data elements Proceedings suspended Reason suspended The following superior court data: County Date complaint filed Type of proceeding Indictment Information Certification Original offenses charged in indictment or information Disposition Not convicted Dismissed Acquitted Court trial Jury trial On transcript Convicted—felony, misdemeanor Plea Court trial Jury trial On transcript Date of disposition Convicted offenses Sentence Sentence enhancement data elements Proceedings suspended Reason suspended Source of reopened cases The following corrections data: Adult probation County Type of court Court number Offense Date on probation Date removed Reason for removal Jail (unsentenced prisoners only) Offenses charged Name of jail or institution Date received Date released Reason for release Bail on own recognizance Bail Other Committing agency County jail (sentenced prisoners only) Name of jail, camp, or other Convicted offense Sentence Sentence enhancement data elements Date received Date released Reason for release Committing agency Division of Juvenile Justice County Type of court Court number Division of Juvenile Justice number Date received Convicted offense Type of receipt Original commitment Parole violator Date released Type of release Custody Supervision Date terminated Department of Corrections and Rehabilitation County Type of court Court number Department of Corrections and Rehabilitation number Date received Convicted offense Type of receipt Original commitment Parole violator Date released Type of release Custody Supervision Date terminated Mentally disordered sex offenders County Hospital number Date received Date discharged Recommendation (Amended by Stats. 2017, Ch. 541, Sec. 16. (SB 384) Effective January 1, 2018.)
  125. 13127.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 2. Recording Information [13125 - 13128] ( Article 2 added by Stats. 1973, Ch. 992. )

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    Each recording agency must make sure the criminal offender record portions it creates include the state or local unique and permanent fingerprint identification number.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 2. Recording Information [13125 - 13128] ( Article 2 added by Stats. 1973, Ch. 992. ) ## 13127. Each recording agency shall insure that each portion of a criminal offender record that it originates shall include, for all felonies and reportable misdemeanors, the state or local unique and permanent fingerprint identification number, within 72 hours of origination of such records, excluding Saturday, Sunday, and holidays. (Added by Stats. 1973, Ch. 992.)
  126. 13128.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 2. Recording Information [13125 - 13128] ( Article 2 added by Stats. 1973, Ch. 992. )

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    When a person is arrested for a public offense committed while in custody in a local detention facility or state prison, the state summary criminal history record must include the offense section number and in-custody status information.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 2. Recording Information [13125 - 13128] ( Article 2 added by Stats. 1973, Ch. 992. ) ## 13128. For purposes of the maintenance of criminal records pursuant to Chapter 4 (commencing with Section 653.75) of Title 15, whenever a person is arrested for a public offense committed while in custody in any local detention facility, as defined in Section 6031.4, or any state prison, as defined in Section 4504, the state summary criminal history record shall include the section number of the public offense violated and information related to the “in custody” status of that person. (Added by Stats. 1987, Ch. 1005, Sec. 2.)
  127. 1313.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    If the order is based on the defendant’s failure to appear for judgment after conviction, the defendant must be committed as the order requires.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1313. If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order. (Enacted 1872.)
  128. 1314.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    When the offense is bailable and an order is made for another cause, the court may set the bail amount and direct that the defendant be admitted to bail in that amount.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1314. If the order be made for any other cause, and the offense is bailable, the Court may fix the amount of bail, and may cause a direction to be inserted in the order that the defendant be admitted to bail in the sum fixed, which must be specified in the order. (Enacted 1872.)
  129. 1315.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    A magistrate may take bail in the county if the defendant has been held to answer before an indictment, and the Court may also designate another magistrate to do so.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1315. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to admit to bail, upon the holding of the defendant to answer before an indictment, or by any other magistrate designated by the Court. (Enacted 1872.)
  130. 13150.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. )

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    Reporting agencies must report specified arrest information and fingerprints to the Department of Justice for each arrest, subject to exceptions in law or DOJ-prescribed rules.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. ) ## 13150. (a) For each arrest made, the reporting agency shall report to the Department of Justice, concerning each arrest, the applicable identification and arrest data described in Section 13125 and fingerprints, including the CII number and incident report number, except as otherwise provided by law or as prescribed by the Department of Justice. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 1) and added by Stats. 2019, Ch. 581, Sec. 2. (AB 1331) Effective January 1, 2020. Section operative July 1, 2020, by its own provisions.)
  131. 13151.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. )

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    The superior court must send a disposition report to the Department of Justice within 30 days and give a copy to the local law enforcement agency; the criminal justice agency must include the CII number when filing a case with the court.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. ) ## 13151. (a) The superior court that disposes of a case for which an arrest was required to be reported to the Department of Justice pursuant to Section 13150 or for which fingerprints were taken and submitted to the Department of Justice by order of the court shall ensure that a disposition report of a case containing the applicable data elements enumerated in Section 13125, including the CII number and the court docket number, or Section 13151.1 if the disposition is one of dismissal, is furnished to the Department of Justice within 30 days according to the procedures and in a format prescribed by the department. The court shall also furnish a copy of the disposition report to the law enforcement agency having primary jurisdiction to investigate the offense alleged in the complaint or accusation. When a court orders an action subsequent to the initial disposition of a case, the court shall similarly report the proceedings to the department, including a transfer of probation or mandatory supervision pursuant to Section 1203.9 by the transferring court, once the case is accepted by the receiving court. A probation or mandatory supervision transfer report shall identify the receiving superior court and the new case number, if any. When filing a case with the court, the criminal justice agency shall include the CII number in the filing. (b) This section shall become operative on July 1, 2020. (Amended by Stats. 2022, Ch. 197, Sec. 30. (SB 1493) Effective January 1, 2023.)
  132. 13151.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. )

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    For certain dismissal dispositions, the report must state the applicable reason, and the court must give specific reasons in several listed dismissal or mistrial situations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. ) ## 13151.1. When a disposition described in Section 13151 is one of dismissal of the charge, the disposition report shall state one of the following reasons, as appropriate: (a) Dismissal in furtherance of justice, pursuant to Section 1385 of the Penal Code. In addition to this dismissal label, the court shall set forth the particular reasons for dismissal. (b) Case compromised; defendant discharged because restitution or other satisfaction was made to the injured person, pursuant to Sections 1377 and 1378. (c) Court found insufficient cause to believe defendant guilty of a public offense; defendant discharged without trial pursuant to Section 871. (d) Dismissal due to delay; action against defendant dismissed because the information was not filed or the action was not brought to trial within the time allowed by Section 1381, 1381.5, or 1382. (e) Accusation set aside pursuant to Section 995. In addition to this dismissal label, the court shall set forth the particular reasons for the dismissal. (f) Defective accusation; defendant discharged pursuant to Section 1008, when the action is dismissed pursuant to that section after demurrer is sustained, because no amendment of the accusatory pleading is permitted or amendment is not made or filed within the time allowed. (g) Defendant became a witness for the people and was discharged pursuant to Section 1099. (h) Defendant discharged at trial because of insufficient evidence, in order to become a witness for his codefendant pursuant to Section 1100. (i) Judgment arrested; defendant discharged, when the court finds defects in the accusatory pleading pursuant to Sections 1185 to 1187, inclusive, and defendant is released pursuant to Section 1188. (j) Judgment arrested; defendant recommitted, when the court finds defects in the accusatory pleading pursuant to Sections 1185 to 1187, inclusive, and defendant is recommitted to answer a new indictment or information pursuant to Section 1188. (k) Mistrial; defendant discharged. In addition to this dismissal label, the court shall set forth the particular reasons for its declaration of a mistrial. (l) Mistrial; defendant recommitted. In addition to this dismissal label, the court shall set forth the particular reasons for its declaration of a mistrial. (m) Any other dismissal by which the case was terminated. In addition to the dismissal label, the court shall set forth the particular reasons for the disposition. (Added by Stats. 1978, Ch. 152.)
  133. 13152.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. )

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    The detention agency must report both admissions to and releases from detention facilities to the Department of Justice within 30 days of the action.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. ) ## 13152. Both admission and release from detention facilities shall be reported by the detention agency to the Department of Justice within 30 days of that action. (Amended by Stats. 2018, Ch. 814, Sec. 1. (AB 2080) Effective January 1, 2019.)
  134. 13153.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. )

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    The Department of Justice must not report or keep certain criminal offender record information about arrests for public intoxication arrests unless there is special individual justification.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. ) ## 13153. Criminal offender record information relating to arrests for being found in any public place under the influence of intoxicating liquor under subdivision (f) of Section 647 shall not be reported or maintained by the Department of Justice without special individual justification. (Amended by Stats. 1974, Ch. 790.)
  135. 13154.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. )

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    Each reporting agency must report certain in-custody arrests to the Department of Justice and include the offense and custody location reference.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. ) ## 13154. Each reporting agency shall report to the Department of Justice each arrest for the commission of a public offense while in custody in any local detention facility, or any state prison, as provided in Chapter 4 (commencing with Section 653.75) of Title 15, for inclusion in that person’s state summary criminal history record. The report shall include the public offense committed and a reference indicating that the offense occurred while the person was in custody in a local detention facility or state prison. (Added by Stats. 1987, Ch. 1005, Sec. 3.)
  136. 13155.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. )

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    The Administrative Office of the Courts must collect realignment-implementation information from trial courts, and trial courts must send the data at least twice a year.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 3. Reporting Information [13150 - 13155] ( Article 3 added by Stats. 1973, Ch. 992. ) ## 13155. Commencing January 1, 2013, the Administrative Office of the Courts shall collect from trial courts information regarding the implementation of the 2011 Realignment Legislation. That information shall include statistics for each county regarding the dispositions of felonies at sentencing and petitions to revoke probation, postrelease community supervision, mandatory supervision, and, commencing July 1, 2013, parole. The data shall be provided not less frequently than twice a year by the trial courts to the Administrative Office of the Courts. Funds provided to the trial courts for the implementation of criminal justice realignment may be used for the purpose of collecting the information and providing it to the Administrative Office of the Courts. The Administrative Office of the Courts shall make this data available to the Department of Finance, the Board of State and Community Corrections, and the Joint Legislative Budget Committee on or before September 1, 2013, and annually thereafter. It is the intent of the Legislature that the Administrative Office of the Courts promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. (Added by Stats. 2012, Ch. 41, Sec. 83. (SB 1021) Effective June 27, 2012.)
  137. 1316.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    When bail is taken after recommitment, the sureties’ undertaking must follow a substantially prescribed form.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1316. When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form: An order having been made on the ____ day of ____, A.D. eighteen ____, by the Court (naming it), that A. B. be admitted to bail in the sum of ____ dollars, in an action pending in that Court against him in behalf of the people of the State of California, upon an (information, presentment, indictment, or appeal, as the case may be), we, C. D. and E. F., of (stating their places of residence and occupation), hereby undertake that the above named A. B. will appear in that or any other Court in which his appearance may be lawfully required upon that (information, presentment, indictment, or appeal, as the case may be), and will at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof; or if he fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars (insert the sum in which the defendant is admitted to bail). (Enacted 1872.)
  138. 1317.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. )

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    The bail must meet the qualifications and be provided in the manner set out in Article II of this chapter.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail [1310 - 1317] ( Article 8 enacted 1872. ) ## 1317. The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in Article II of this Chapter. (Enacted 1872.)
  139. 13175.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 4. Information Service [13175 - 13177] ( Article 4 added by Stats. 1973, Ch. 992. )

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    When a criminal justice agency sends fingerprints or other approved identifiers to the Department of Justice, the Department of Justice must provide identification, arrest, and applicable final disposition data on request within 72 hours of receipt.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 4. Information Service [13175 - 13177] ( Article 4 added by Stats. 1973, Ch. 992. ) ## 13175. When a criminal justice agency supplies fingerprints, or a fingerprint identification number, or such other personal identifiers as the Department of Justice deems appropriate, to the Department of Justice, such agency shall, upon request, be provided with identification, arrest, and, where applicable, final disposition data relating to such person within 72 hours of receipt by the Department of Justice. (Added by Stats. 1973, Ch. 992.)
  140. 13176.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 4. Information Service [13175 - 13177] ( Article 4 added by Stats. 1973, Ch. 992. )

    Verify source ↗

    A criminal justice agency that is entitled to the information must send fingerprints or other approved identifiers to the Department of Justice, and the Department of Justice must provide the person’s criminal history on request within 72 hours.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 4. Information Service [13175 - 13177] ( Article 4 added by Stats. 1973, Ch. 992. ) ## 13176. When a criminal justice agency entitled to such information supplies fingerprints, or a fingerprint identification number, or such other personal identifiers as the Department of Justice deems appropriate, to the Department of Justice, such agency shall, upon request, be provided with the criminal history of such person, or the needed portion thereof, within 72 hours of receipt by the Department of Justice. (Added by Stats. 1973, Ch. 992.)
  141. 13177.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 4. Information Service [13175 - 13177] ( Article 4 added by Stats. 1973, Ch. 992. )

    Verify source ↗

    This section says the Department of Justice may require criminal justice agencies to report information that another statute already requires them to report to the department.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 4. Information Service [13175 - 13177] ( Article 4 added by Stats. 1973, Ch. 992. ) ## 13177. Nothing in this chapter shall be construed to prohibit the Department of Justice from requiring criminal justice agencies to report any information which is required by any other statute to be reported to the department. (Amended by Stats. 1974, Ch. 790.)
  142. 1318.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. )

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    A defendant cannot be released on own recognizance until filing a signed release agreement with the clerk of the court or another authorized bail recipient.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. ) ## 1318. (a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes: (1) The defendant’s promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending. (2) The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate. (3) The defendant’s promise not to depart this state without leave of the court. (4) Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California. (5) The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release. (Amended (as amended by Stats. 1985, Ch. 1432) by Stats. 1988, Ch. 403, Sec. 4.)
  143. 1318.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. )

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    A court may hire investigative staff if the board of supervisors agrees. If the court does so, an investigative report must be prepared in certain serious felony cases, and the staff salaries are charged to the county.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. ) ## 1318.1. (a) A court, with the concurrence of the board of supervisors, may employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance. (b) Whenever a court has employed an investigative staff pursuant to subdivision (a), an investigative report shall be prepared in all cases involving a violent felony, as described in subdivision (c) of Section 667.5, or a felony in violation of subdivision (a) of Section 23153 of the Vehicle Code, recommending whether the defendant should be released on his or her own recognizance. The report shall include all of the following: (1) Written verification of any outstanding warrants against the defendant. (2) Written verification of any prior incidents where the defendant has failed to make a court appearance. (3) Written verification of the criminal record of the defendant. (4) Written verification of the residence of the defendant during the past year. After the report is certified pursuant to this subdivision, it shall be submitted to the court for review, prior to a hearing held pursuant to Section 1319. (c) The salaries of the staff are a proper charge against the county. (Amended by Stats. 1992, Ch. 1009, Sec. 2. Effective January 1, 1993.)
  144. 1319.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. )

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    A judge or magistrate who grants or denies release on own recognizance must state the reasons for the decision in the record.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. ) ## 1319. (a) No person arrested for a violent felony, as described in subdivision (c) of Section 667.5, may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge, and until the prosecuting attorney is given notice and a reasonable opportunity to be heard on the matter. In all cases, these provisions shall be implemented in a manner consistent with the defendant’s right to be taken before a magistrate or judge without unreasonable delay pursuant to Section 825. (b) A defendant charged with a violent felony, as described in subdivision (c) of Section 667.5, shall not be released on his or her own recognizance where it appears, by clear and convincing evidence, that he or she previously has been charged with a felony offense and has willfully and without excuse from the court failed to appear in court as required while that charge was pending. In all other cases, in making the determination as to whether or not to grant release under this section, the court shall consider all of the following: (1) The existence of any outstanding felony warrants on the defendant. (2) Any other information presented in the report prepared pursuant to Section 1318.1. The fact that the court has not received the report required by Section 1318.1, at the time of the hearing to decide whether to release the defendant on his or her own recognizance, shall not preclude that release. (3) Any other information presented by the prosecuting attorney. (c) The judge or magistrate who, pursuant to this section, grants or denies release on a person’s own recognizance, within the time period prescribed in Section 825, shall state the reasons for that decision in the record. This statement shall be included in the court’s minutes. The report prepared by the investigative staff pursuant to subdivision (b) of Section 1318.1 shall be placed in the court file for that particular matter. (Amended by Stats. 1992, Ch. 1009, Sec. 3. Effective January 1, 1993.)
  145. 1319.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. )

    Verify source ↗

    Some arrested people cannot be released on their own recognizance until an open-court hearing is held before a magistrate or judge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 9. Procedure Relating to Release on Own Recognizance [1318 - 1319.5] ( Article 9 repealed (by Sec. 11) and added by Stats. 1979, Ch. 873, Sec. 12. ) ## 1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge. (b) Subdivision (a) shall apply to the following: (1) Any person who is currently on felony probation or felony parole. (2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1). (B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary). (D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm. (E) Any offense involving domestic violence. (F) Any offense in which the defendant is alleged to have caused great bodily injury to another person. (G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply. (c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section. (d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsy’s Law). (Amended by Stats. 2017, Ch. 554, Sec. 1. (AB 789) Effective January 1, 2018.)
  146. 132.

    ## 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 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. )

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    A person must not present forged, fraudulently altered, or ante-dated writing as genuine in a legal proceeding when they know it 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 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. ) ## 132. Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or ante-dated, is guilty of felony. (Enacted 1872.)
  147. 1320.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 10. Violations [1320 - 1320.5] ( Article 10 added by Stats. 1979, Ch. 873, Sec. 13. )

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    A person released on own recognizance who willfully fails to appear as required to evade the court process commits an offence; felony cases carry specified punishment, and a 14-day nonappearance creates a presumption of intent.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 10. Violations [1320 - 1320.5] ( Article 10 added by Stats. 1979, Ch. 873, Sec. 13. ) ## 1320. (a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court. (b) Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and upon conviction shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both that fine and imprisonment. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court. (Amended by Stats. 2011, Ch. 15, Sec. 459. (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.)
  148. 1320.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 10. Violations [1320 - 1320.5] ( Article 10 added by Stats. 1979, Ch. 873, Sec. 13. )

    Verify source ↗

    A person charged with or convicted of a felony and released on bail commits a felony if they willfully fail to appear as required to evade the court process.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 1. Bail [1268 - 1320.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 10. Violations [1320 - 1320.5] ( Article 10 added by Stats. 1979, Ch. 873, Sec. 13. ) ## 1320.5. Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony. Upon a conviction under this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both the fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found to have been for the purpose of evading the process of the court. (Amended by Stats. 2011, Ch. 15, Sec. 460. (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.)
  149. 13200.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. )

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    This section says it does not limit any person's or public agency's access to individual criminal offender record information when another law authorizes that access.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. ) ## 13200. Nothing in this chapter shall be construed to affect the right of access of any person or public agency to individual criminal offender record information that is authorized by any other provision of law. (Added by Stats. 1973, Ch. 992.)
  150. 13201.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. )

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    This section says the chapter does not by itself authorize access to individual criminal offender record information.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. ) ## 13201. Nothing in this chapter shall be construed to authorize access of any person or public agency to individual criminal offender record information unless such access is otherwise authorized by law. (Added by Stats. 1973, Ch. 992.)
  151. 13202.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. )

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    Certain public agencies and research institutions may receive criminal offender record information for their duties and research, with limits on use and disclosure.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. ) ## 13202. (a) Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, every public agency or bona fide research institution concerned with the prevention or control of crime, the quality of criminal justice, or the custody or correction of offenders may be provided with criminal offender record information, including criminal court records, as required for the performance of its duties, including the conduct of research. The California Firearm Violence Research Center at UC Davis and researchers affiliated with the center shall be provided with criminal offender record information as required for its research. The material identifying individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals. Reasonable costs to the department associated with the department’s processing of that data may be billed to the researcher. If a request for data or letter of support for research using the data is denied, the department shall provide a written statement of the specific reasons for the denial. A person shall not be denied information pursuant to this section solely on the basis of that person’s criminal record unless the person has been convicted of a felony or another offense that involves moral turpitude, dishonesty, or fraud. (Amended by Stats. 2021, Ch. 253, Sec. 3. (AB 173) Effective September 23, 2021.)
  152. 13203.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. )

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    A criminal justice agency may release certain arrest-related information to a governmental agency employer, but must not release it in specified cases unless it has first checked completion or exoneration status.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 5. Access to Information [13200 - 13203] ( Article 5 added by Stats. 1973, Ch. 992. ) ## 13203. (a) A criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer, as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency that did not result in conviction, and for which the person did not complete a postarrest diversion program, to a governmental agency employer of that employee or applicant. (b) A criminal justice agency may release information concerning an arrest of a peace officer, as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that employee or applicant. (c) Notwithstanding subdivision (a) or (b), a criminal justice agency shall not release information under the following circumstances: (1) Information concerning an arrest for which diversion or deferred entry of judgment has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. (2) Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated. (3) Information concerning an arrest without a disposition without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed or the individual was exonerated. (Amended by Stats. 2021, Ch. 158, Sec. 2. (AB 1480) Effective January 1, 2022.)
  153. 1321.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. )

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    Rules for determining witness competency in civil actions also apply to criminal actions and proceedings, unless this Code provides otherwise.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. ) ## 1321. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this Code. (Enacted 1872.)
  154. 1324.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. )

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    In certain felony proceedings, a judge can order a witness to answer or produce evidence after a written request from a prosecutor, unless specific exceptions apply.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. ) ## 1324. In any felony proceeding or in any investigation or proceeding before a grand jury for any felony offense if a person refuses to answer a question or produce evidence of any other kind on the ground that he or she may be incriminated thereby, and if the district attorney of the county or any other prosecuting agency in writing requests the court, in and for that county, to order that person to answer the question or produce the evidence, a judge shall set a time for hearing and order the person to appear before the court and show cause, if any, why the question should not be answered or the evidence produced, and the court shall order the question answered or the evidence produced unless it finds that to do so would be clearly contrary to the public interest, or could subject the witness to a criminal prosecution in another jurisdiction, and that person shall comply with the order. After complying, and if, but for this section, he or she would have been privileged to withhold the answer given or the evidence produced by him or her, no testimony or other information compelled under the order or any information directly or indirectly derived from the testimony or other information may be used against the witness in any criminal case. But he or she may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. Nothing in this section shall prohibit the district attorney or any other prosecuting agency from requesting an order granting use immunity or transactional immunity to a witness compelled to give testimony or produce evidence. (Amended by Stats. 1996, Ch. 302, Sec. 1. Effective January 1, 1997.)
  155. 1324.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. )

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    In a misdemeanor case, a person who fears self-incrimination may sign a written agreement to testify voluntarily, but the court must approve it unless that would clearly harm the public interest.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. ) ## 1324.1. In any misdemeanor proceeding in any court, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, the person may agree in writing with the district attorney of the county, or the prosecuting attorney of a city, as the case may be, to testify voluntarily pursuant to this section. Upon written request of such district attorney, or prosecuting attorney, the court having jursidiction of the proceeding shall approve such written agreement, unless the court finds that to do so would be clearly contrary to the public interest. If, after court approval of such agreement, and if, but for this section, the person would have been privileged to withhold the answer given or the evidence produced by him, that person shall not be prosecuted or subjected to penalty or forfeiture for or on account of any fact or act concerning which, in accordance with such agreement, he answered or produced evidence, but he may, nevertheless, be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering or in producing evidence in accordance with such agreement. If such person fails to give any answer or to produce any evidence in accordance with such agreement, that person shall be prosecuted or subjected to penalty or forfeiture in the same manner and to the same extent as he would be prosecuted or subjected to penalty or forfeiture but for this section. (Added by Stats. 1968, Ch. 528.)
  156. 1324.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. )

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    In certain felony prosecutions involving specified sex offense sections, a victim’s or witness’s testimony about their own unlawful drug or alcohol use at the time cannot be used in a separate case to prove illegal possession or use.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 2. Who May Be Witnesses in Criminal Actions [1321 - 1324.2] ( Chapter 2 enacted 1872. ) ## 1324.2. (a) Testimony of a victim or witness in a felony prosecution for a violation or attempted violation of Section 220, 243.4, 261, 261.5, 286, 287, 288, or 289, that states that the victim or witness, at or around the time of the violation or attempted violation, unlawfully possessed or used a controlled substance or alcohol is inadmissible in a separate prosecution of that victim or witness to prove illegal possession or use of that controlled substance or alcohol. (b) Evidence that the testifying witness unlawfully possessed or used a controlled substance or alcohol is not excluded in the felony prosecution of a violation or attempted violation of Section 220, 243.4, 261, 261.5, 286, 287, 288, or 289. (c) Evidence that a witness received use immunity for testimony pursuant to subdivision (a) is not excluded in the felony prosecution of a violation or attempted violation of Section 220, 243.4, 261, 261.5, 286, 287, 288, or 289. (Added by Stats. 2020, Ch. 241, Sec. 1. (AB 1927) Effective January 1, 2021.)
  157. 1326.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    This section defines subpoenas in criminal procedure, authorizes certain officials to sign and issue them, requires the court clerk to provide blank subpoenas to the defendant on request without charge, and restricts release of certain medical information in response to some foreign subpoenas.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1326. (a) The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by any of the following: (1) A magistrate before whom a complaint is laid or their clerk, the district attorney or their investigator, or the public defender or their investigator, for witnesses in the state. (2) The district attorney, their investigator, or, upon request of the grand jury, any judge of the superior court, for witnesses in the state, in support of an indictment or information, to appear before the court in which it is to be tried. (3) The district attorney or their investigator, the public defender or their investigator, or the clerk of the court in which a criminal action is to be tried. The clerk shall, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by them, for witnesses in the state, as the defendant may require. (4) The attorney of record for the defendant. (b) A subpoena issued in a criminal action that commands the custodian of records or other qualified witness of a business to produce books, papers, documents, or records shall direct that those items be delivered by the custodian or qualified witness in the manner specified in subdivision (b) of Section 1560 of the Evidence Code. Subdivision (e) of Section 1560 of the Evidence Code shall not apply to criminal cases. (c) (1) Notwithstanding subdivision (b), a provider of health care, health care service plan, or contractor shall not release medical information related to an individual seeking or obtaining gender-affirming health care or gender-affirming mental health care or a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to any foreign subpoena that is based on a violation of another state’s laws authorizing a criminal action that interferes with an individual’s rights to seek or obtain gender-affirming health care or gender-affirming mental health care or against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care. (2) For the purpose of this subdivision, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meanings as provided in Section 16010.2 of the Welfare and Institutions Code. (d) Notwithstanding subdivision (b), a provider of health care, health care service plan, or contractor shall not release medical information related to sensitive services in response to any foreign subpoena that is based on a violation of another state’s laws authorizing a criminal action against a person or entity for the provision or receipt of legally protected health care activity, as defined in Section 1798.300 of the Civil Code. For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code. (e) In a criminal action, no party, or attorney or representative of a party, may issue a subpoena commanding the custodian of records or other qualified witness of a business to provide books, papers, documents, or records, or copies thereof, relating to a person or entity other than the subpoenaed person or entity in any manner other than that specified in subdivision (b) of Section 1560 of the Evidence Code. When a defendant has issued a subpoena to a person or entity that is not a party for the production of books, papers, documents, or records, or copies thereof, the court may order an in camera hearing to determine whether or not the defense is entitled to receive the documents. The court may not order the documents disclosed to the prosecution except as required by Section 1054.3. (f) This section shall not be construed to prohibit obtaining books, papers, documents, or records with the consent of the person to whom the books, papers, documents, or records relate. (Amended by Stats. 2025, Ch. 764, Sec. 6. (SB 497) Effective October 13, 2025.)
  158. 1326.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    A judge may issue an order for utility records only after a peace officer files a written ex parte application showing specific facts tied to a qualifying felony investigation.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1326.1. (a) An order for the production of utility records in whatever form and however stored shall be issued by a judge only upon a written ex parte application by a peace officer showing specific and articulable facts that there are reasonable grounds to believe that the records or information sought are relevant and material to an ongoing investigation of a felony violation of Section 186.10 or of any felony subject to the enhancement set forth in Section 186.11. The ex parte application shall specify with particularity the records to be produced, which shall be only those of the individual or individuals who are the subject of the criminal investigation. The ex parte application and any subsequent judicial order shall be open to the public as a judicial record unless ordered sealed by the court, for a period of 60 days. The sealing of these records may be extended for 60-day periods upon a showing to the court that it is necessary for the continuance of the investigation. Sixty-day extensions may continue for up to one year or until termination of the investigation of the individual or individuals, whichever is sooner. The records ordered to be produced shall be returned to the peace officer applicant or his or her designee within a reasonable time period after service of the order upon the holder of the utility records. (b) As used in subdivision (a), “utility records” include, but are not limited to, subscriber information, telephone or pager number information, toll call records, call detail records, automated message accounting records, billing statements, payment records, and applications for service in the custody of companies engaged in the business of providing telephone, pager, electric, gas, propane, water, or other like services. “Utility records” do not include the installation of, or the data collected from the installation of pen registers or trap-tracers, nor the contents of a wire or electronic communication. (c) Nothing in this section shall preclude the holder of the utility records from notifying a customer of the receipt of the order for production of records unless a court orders the holder of the utility records to withhold notification to the customer upon a finding that this notice would impede the investigation. Where a court has made an order to withhold notification to the customer under this subdivision, the peace officer or law enforcement agency who obtained the utility records shall notify the customer by delivering a copy of the ex parte order to the customer within 10 days of the termination of the investigation. (d) No holder of utility records, or any officer, employee, or agent thereof, shall be liable to any person for (A) disclosing information in response to an order pursuant to this section, or (B) complying with an order under this section not to disclose to the customer, the order or the dissemination of information pursuant to the order. (e) Nothing in this section shall preclude the holder of the utility records from voluntarily disclosing information or providing records to law enforcement upon request. (f) Utility records released pursuant to this section shall be used only for the purpose of criminal investigations and prosecutions. (Added by Stats. 1998, Ch. 757, Sec. 5. Effective January 1, 1999.)
  159. 1326.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    A judge may issue an order for escrow or title records only after a peace officer’s written ex parte application shows specific facts and reasonable grounds tied to an ongoing felony investigation. The section also controls public access, customer notice, and limited liability for record holders.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1326.2. (a) An order for the production of escrow or title records in whatever form and however stored shall be issued by a judge only upon a written ex parte application by a peace officer showing specific and articulable facts that there are reasonable grounds to believe that the records or information sought are relevant and material to an ongoing investigation of a felony violation of Section 186.10 or of any felony subject to the enhancement set forth in Section 186.11. The ex parte application shall specify with particularity the records to be produced, which shall be only those of the individual or individuals who are the subject of the criminal investigation. The ex parte application and any subsequent judicial order shall be open to the public as a judicial record unless ordered sealed by the court, for a period of 60 days. The sealing of these records may be extended for 60-day periods upon a showing to the court that it is necessary for the continuance of the investigation. Sixty-day extensions may continue for up to one year or until termination of the investigation of the individual or individuals, whichever is sooner. The records ordered to be produced shall be returned to the peace officer applicant or his or her designee within a reasonable time period after service of the order upon the holder of the escrow or title records. (b) As used in subdivision (a), “holder of escrow or title records” means a title insurer that engages in the “business of title insurance,” as defined by Section 12340.3 of the Insurance Code, an underwritten title company, or an escrow company. (c) Nothing in this section shall preclude the holder of the escrow or title records from notifying a customer of the receipt of the order for production of records unless a court orders the holder of the escrow or title records to withhold notification to the customer upon a finding that this notice would impede the investigation. Where a court has made an order to withhold notification to the customer under this subdivision, the peace officer or law enforcement agency who obtained the escrow or title records shall notify the customer by delivering a copy of the ex parte order to the customer within 10 days of the termination of the investigation. (d) No holder of escrow or title records, or any officer, employee, or agent thereof, shall be liable to any person for (A) disclosing information in response to an order pursuant to this section, or (B) complying with an order under this section not to disclose to the customer, the order or the dissemination of information pursuant to the order. (e) Nothing in this section shall preclude the holder of the escrow or title records from voluntarily disclosing information or providing records to law enforcement upon request. (Added by Stats. 1998, Ch. 757, Sec. 6. Effective January 1, 1999.)
  160. 1327.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    A subpoena authorized by Section 1326 must follow the statutory form set out here, and if it asks for books, papers, or documents, it must also include a direction to bring those items.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1327. A subpoena authorized by Section 1326 shall be substantially in the following form: The people of the State of California to A. B.: You are commanded to appear before C. D., a judge of the ____ Court of ____ County, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the State of California against E. F. Given under my hand this ____ day of ____, A.D. 19____. G. H., Judge of the ____ Court (or “J. K., District Attorney,” or “J. K., District Attorney Investigator,” or “D. E., Public Defender,” or “D. E., Public Defender Investigator,” or “F. G., Defense Counsel,” or “By order of the court, L. M., Clerk,” or as the case may be). If books, papers, or documents are required, a direction to the following effect must be contained in the subpoena: “And you are required, also, to bring with you the following” (describing intelligibly the books, papers, or documents required). (Amended by Stats. 1998, Ch. 931, Sec. 403. Effective September 28, 1998.)
  161. 1328.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    This section says subpoenas may generally be served by any person, but not by a defendant in the criminal case. It also sets special service rules for minors and peace officers, and gives the court power to appoint a guardian ad litem for a child.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1328. (a) A subpoena may be served by any person, except that the defendant may not serve a subpoena in the criminal action to which he or she is a party, but a peace officer shall serve in his or her county any subpoena delivered to him or her for service, either on the part of the people or of the defendant, and shall, without delay, make a written return of the service, subscribed by him or her, stating the time and place of service. The service is made by delivering a copy of the subpoena to the witness personally. (b) (1) If service is to be made on a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, unless the parent, guardian, conservator, or fiduciary or other specified person is the defendant, and on the minor if the minor is 12 years of age or older. The person served shall have the obligation of producing the minor at the time and place designated in the subpoena. A willful failure to produce the minor is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure. The person served shall be allowed the fees and expenses that are provided for subpoenaed witnesses. (2) If the minor is alleged to come within the description of Section 300, 601, or 602 of the Welfare and Institutions Code, and the minor is not residing with a parent or guardian, regardless of the age of the minor, service shall also be made upon the designated agent for service of process at the county child welfare department or the probation department under whose jurisdiction the child has been placed. (3) The court having jurisdiction of the case shall have the power to appoint a guardian ad litem to receive service of a subpoena of the child and shall have the power to produce the child ordered to court under this section. (c) If any peace officer designated in Section 830 is required as a witness before any court or magistrate in any action or proceeding in connection with a matter regarding an event or transaction which he or she has perceived or investigated in the course of his or her duties, a criminal subpoena issued pursuant to this chapter requiring his or her attendance may be served either by delivering a copy to the peace officer personally or by delivering two copies to his or her immediate superior or agent designated by his or her immediate superior to receive the service or, in those counties where the local agencies have consented with the district attorney’s office, marshal’s office, or sheriff’s office, where appropriate, to participate, by sending a copy by electronic means, including electronic mail, computer modem, facsimile, or other electronic means, to him or her personally, or to his or her immediate superior or agent designated by the immediate superior to receive the service. If the service is made by electronic means, the peace officer named in the subpoena, or his or her immediate superior or agency designated by his or her immediate superior shall acknowledge receipt of the subpoena by telephone or electronic means to the sender of origin. If service is made upon the immediate superior or agent designated by the immediate superior, the immediate superior or the agent shall deliver a copy of the subpoena to the peace officer as soon as possible and in no event later than a time which will enable the peace officer to comply with the subpoena. (d) If the immediate superior or his or her designated agent upon whom service is attempted to be made knows he or she will be unable to deliver a copy of the subpoena to the peace officer within a time which will allow the peace officer to comply with the subpoena, the immediate superior or agent may refuse to accept service of process and is excused from any duty, liability, or penalty arising in connection with the service, upon notifying the server of that fact. (e) If the immediate superior or his or her agent is tendered service of a subpoena less than five working days prior to the date of hearing, and he or she is not reasonably certain he or she can complete the service, he or she may refuse acceptance. (f) If the immediate superior or agent upon whom service has been made, subsequently determines that he or she will be unable to deliver a copy of the subpoena to the peace officer within a time which will allow the peace officer to comply with the subpoena, the immediate superior or agent shall notify the server or his or her office or agent not less than 48 hours prior to the hearing date indicated on the subpoena, and is thereby excused from any duty, liability, or penalty arising because of his or her failure to deliver a copy of the subpoena to the peace officer. The server, so notified, is therewith responsible for preparing the written return of service and for notifying the originator of the subpoena if required. (g) Notwithstanding subdivision (c), in the case of peace officers employed by the California Highway Patrol, if service is made upon the immediate superior or upon an agent designated by the immediate superior of the peace officer, the immediate superior or the agent shall deliver a copy of the subpoena to the peace officer on the officer’s first workday following acceptance of service of process. In this case, failure of the immediate superior or the designated agent to deliver the subpoena shall not constitute a defect in service. (Amended by Stats. 2016, Ch. 59, Sec. 6. (SB 1474) Effective January 1, 2017.)
  162. 1328.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    A peace officer witness in a criminal case may give a business address instead of stating a home residence.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1328.5. Whenever any peace officer is a witness before any court or magistrate in any criminal action or proceeding in connection with a matter regarding an event or transaction which he has perceived or investigated in the course of his duties, where his testimony would become a matter of public record, and where he is required to state the place of his residence, he need not state the place of his residence, but in lieu thereof, he may state his business address. (Added by Stats. 1971, Ch. 636.)
  163. 1328.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    Certain covered witnesses may give a business address instead of their home address when testifying, unless the court orders otherwise after an in camera hearing. The defendant’s right to investigate or discover the information is preserved.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1328.6. Whenever any criminalist, questioned document examiner, latent print analyst, polygraph examiner employed by the Department of Justice, a police department, a sheriff’s office, or a district attorney’s office, an intelligence specialist or other technical specialist employed by the Department of Justice, a custodial officer employed in a local detention facility, or an employee of the county welfare department or the department which administers the county public social services program, is a witness before any court or magistrate in any criminal action or proceeding in connection with a matter regarding an event or transaction which he or she has perceived or investigated in the course of his or her official duties, where his or her testimony would become a matter of public record, and where he or she is required to state the place of his or her residence, he or she need not state the place of his or her residence, but in lieu thereof, he or she may state his or her business address, unless the court finds, after an in camera hearing, that the probative value of the witness’s residential address outweighs the creation of substantial danger to the witness. Nothing in this section shall abridge or limit a defendant’s right to discover or investigate this information. This section is not intended to apply to confidential informants. (Amended by Stats. 1984, Ch. 535, Sec. 1.)
  164. 1328d

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    This section lets a subpoena be delivered by mail, messenger, email, or fax, and sets steps for service by acknowledgment. It also requires the sender to record and keep certain acknowledgment information, and it limits continuances and some enforcement after nonappearance.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1328d. (a) Notwithstanding Section 1328, except as specified in subdivision (c) of Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the sender’s online form, or in person, and identifies themselves by reference to their date of birth and driver’s license number or Department of Motor Vehicles identification card number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section. (b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382. (Amended by Stats. 2019, Ch. 851, Sec. 4. (SB 471) Effective January 1, 2020.)
  165. 1329.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    The court may, at its discretion, order payment of witness fees and necessary expenses for certain criminal-case witnesses, and may also authorize limited salary replacement for eligible employed witnesses.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1329. (a) When a person attends before a magistrate, grand jury, or court, as a witness in a criminal case, whether upon a subpoena or in pursuance of an undertaking, or voluntarily, the court, at its discretion, if the attendance of the witness be upon a trial may by an order upon its minutes, or in any criminal proceeding, by a written order, direct the county auditor to draw his warrant upon the county treasurer in favor of such witness for witness’ fees at the rate of twelve dollars ($12) for each day’s actual attendance and for a reasonable sum to be specified in the order for the necessary expenses of such witness. The court, in its discretion, may make an allowance under this section, or under any appropriate section in Chapter 1 (commencing with Section 68070), Title 8, of the Government Code, other than Section 68093. The allowances are county charges. (b) The court, in its discretion, may authorize payment to such a witness, if he is employed and if his salary is not paid by his employer during the time he is absent from his employment because of being such a witness, of a sum equal to his gross salary for such time, but such sum shall not exceed eighteen dollars ($18) per day. The sum is a county charge. A person compensated under the provisions of this subdivision may not receive the payment of witness’ fees as provided for in subdivision (a). (Amended by Stats. 1981, Ch. 184, Sec. 5.)
  166. 1329.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    A subpoenaed witness in a criminal case must be given written notice on the subpoena about possible fees and mileage.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1329.1. Any witness who is subpoenaed in any criminal action or proceeding shall be given written notice on the subpoena that the witness may be entitled to receive fees and mileage. Such notice shall indicate generally the manner in which a request or claim for fees and mileage should be made. (Added by Stats. 1979, Ch. 67.)
  167. 133.

    ## 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 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. )

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    A person may not use fraud or knowingly false statements or writings to influence a witness’s testimony in an authorized proceeding.

    ## 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 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. ) ## 133. Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, with intent to affect the testimony of such witness, is guilty of a misdemeanor. (Enacted 1872.)
  168. 1330.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

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    A witness generally does not have to attend a court or magistrate outside the county of residence or service, unless the distance is under 150 miles or a judge orders attendance on a showing of materiality.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1330. No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides, or is served with the subpoena, unless the distance be less than 150 miles from his or her place of residence to the place of trial, or unless the judge of the court in which the offense is triable, or a justice of the Supreme Court, or a judge of a superior court, or, in the case of a minor concerning whom a petition has been filed pursuant to Article 16 (commencing with Section 650) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, by the judge of the juvenile court hearing the petition, upon an affidavit of the district attorney or prosecutor, or of the defendant, or his or her counsel, or in the case involving a minor in whose behalf a petition has been filed in the juvenile court, of the probation officer approving the filing of the petition or of any party to the action, or his or her counsel, stating that he or she believes the evidence of the witness is material, and his or her attendance at the examination, trial, or hearing is material and necessary, shall endorse on the subpoena an order for the attendance of the witness. When a subpoena duces tecum is duly issued according to any other provision of law and is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, and his or her personal attendance is not required by the terms of the subpoena, the limitations of this section shall not apply. (Amended by Stats. 1987, Ch. 828, Sec. 86.)
  169. 13300.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. )

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    This section defines local summary criminal history information and limits when local agencies may disclose it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. ) ## 13300. (a) As used in this section: (1) “Local summary criminal history information” means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (2) “Local summary criminal history information” does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency. (3) “Local agency” means a local criminal justice agency. (b) A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) The courts of the state. (2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5. (3) District attorneys of the state. (4) Prosecuting city attorneys of any city within the state. (5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code, or a city attorney or county counsel pursuing gun violence restraining orders pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6. (6) Probation officers of the state. (7) Parole officers of the state. (8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. (9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. (10) Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (11) Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (12) The subject of the local summary criminal history information. (13) Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (14) Any managing or supervising correctional officer of a county jail or other county correctional facility. (15) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code. (16) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. (17) A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officer’s duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph. (c) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. (2) To a peace officer of the state other than those included in subdivision (b). (3) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officer’s official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph. (4) To a peace officer of another country. (5) To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties. (6) To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject. (7) The courts of the United States, other states, or territories or possessions of the United States. (8) Peace officers of the United States, other states, or territories or possessions of the United States. (9) To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. (10) Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the person’s own recognizance pending trial. If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates. Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the person’s own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation. Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee. Seeking entrance to private residences in the course of employment shall be deemed a “compelling need” as required to be shown in this subdivision. (11) Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest. Any local government’s request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a “compelling need” as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph. Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local government’s final decision to grant or deny consent to, or approval of, the prospective concessionaire’s application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates. (12) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. (d) Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped “no criminal record” and returned to the person or entity making the request. (e) A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents. (f) Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense. (g) Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints. (h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed. (i) It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (j) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the public’s understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment. (k) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law. (l) Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant. (m) Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant. (n) Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances: (1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. (2) Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated. (3) Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated. (o) A public prosecutor may provide a public defender’s office, an alternate public defender’s office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. Any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defender’s office, alternate public defender’s office, or the licensed attorney of record in a criminal case. Any disclosure pursuant to this subdivision shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information, including, but not limited to, the disclosures required under Chapter 10 (commencing with Section 1054) of Title 6 of Part 2. (Amended by Stats. 2024, Ch. 539, Sec. 3. (AB 2917) Effective January 1, 2025.)
  170. 13301.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. )

    Verify source ↗

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

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. ) ## 13301. As used in this article: (a) “Record” means the master local summary criminal history information as defined in subdivision (a) of Section 13300, or a copy thereof. (b) “A person authorized by law to receive a record” means any person or public agency authorized by a court, statute, or decisional law to receive a record. (Amended by Stats. 1981, Ch. 714, Sec. 339.)
  171. 13302.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. )

    Verify source ↗

    A local criminal justice agency employee who knowingly gives a record or record information to someone not legally authorized to receive it commits 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 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. ) ## 13302. An employee of the local criminal justice agency who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor. Nothing in this section shall prohibit a public prosecutor from accessing and obtaining information from the public prosecutor’s case management database to respond to a request for publicly disclosable information pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 348. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  172. 13303.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. )

    Verify source ↗

    A person authorized to receive a record or information from a record must not knowingly give it to someone who is not authorized to receive it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. ) ## 13303. Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor. (Added by Stats. 1975, Ch. 1222.)
  173. 13304.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. )

    Verify source ↗

    A person who is not authorized to receive certain records or information, and who knows that lack of authorization, must not buy, receive, or possess them; violating this 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 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. ) ## 13304. Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a record or information obtained from a record, knowingly buys, receives, or possesses the record or information is guilty of a misdemeanor. (Added by Stats. 1975, Ch. 1222.)
  174. 13305.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. )

    Verify source ↗

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

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 6. Local Summary Criminal History Information [13300 - 13305] ( Article 6 added by Stats. 1975, Ch. 1222. ) ## 13305. (a) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed. (b) It is not a violation of this article to disseminate information obtained from a record for the purpose of assisting in the apprehension of a person wanted in connection with the commission of a crime. (c) It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (Added by Stats. 1975, Ch. 1222.)
  175. 1331.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A court or magistrate may punish a witness’s disobedience to a subpoena, or refusal to be sworn or testify, as contempt.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1331. Disobedience to a subpoena, or a refusal to be sworn or to testify as a witness, may be punished by the Court or magistrate as a contempt. A witness disobeying a subpoena issued on the part of the defendant, unless he show good cause for his nonattendance, is liable to the defendant in the sum of one hundred dollars, which may be recovered in a civil action. (Enacted 1872.)
  176. 1331.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A subpoenaed person may agree to appear at a different time or on agreed notice instead of appearing at the scheduled time.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1331.5. Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued, to appear at another time or upon such notice as may be agreed upon. Any failure to appear pursuant to such agreement may be punished as a contempt, and a subpoena shall so state. The facts establishing such agreement and the failure to appear may be shown by the affidavit of any person having personal knowledge of the facts and the court may grant such continuance as may be appropriate. (Added by Stats. 1972, Ch. 393.)
  177. 1332.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A court may require a material witness to sign a written promise to appear and testify, and may hold the witness in custody if the witness refuses.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3. Compelling the Attendance of Witnesses [1326 - 1332] ( Chapter 3 enacted 1872. ) ## 1332. (a) Notwithstanding the provisions of Sections 878 to 883, inclusive, when the court is satisfied, by proof on oath, that there is good cause to believe that any material witness for the prosecution or defense, whether the witness is an adult or a minor, will not appear and testify unless security is required, at any proceeding in connection with any criminal prosecution or in connection with a wardship petition pursuant to Section 602 of the Welfare and Institutions Code, the court may order the witness to enter into a written undertaking to the effect that he or she will appear and testify at the time and place ordered by the court or that he or she will forfeit an amount the court deems proper. (b) If the witness required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the court may commit the witness, if an adult, to the custody of the sheriff, and if a minor, to the custody of the probation officer or other appropriate agency, until the witness complies or is legally discharged. (c) When a person is committed pursuant to this section, he or she is entitled to an automatic review of the order requiring a written undertaking and the order committing the person, by a judge or magistrate having jurisdiction over the offense other than the one who issued the order. This review shall be held not later than two days from the time of the original order of commitment. (d) If it is determined that the witness must remain in custody, the witness is entitled to a review of that order after 10 days. (e) When a witness has entered into an undertaking to appear, upon his or her failure to do so the undertaking is forfeited in the same manner as undertakings of bail. (Amended by Stats. 1987, Ch. 828, Sec. 87.)
  178. 13320.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. )

    Verify source ↗

    This section defines “record” and “agency,” and says the article is meant to give affected people a reasonable chance to examine their record and refute inaccurate information.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. ) ## 13320. (a) As used in this article, “record” with respect to any person means the local summary criminal history information as defined in subdivision (a) of Section 13300, maintained under such person’s name by the local criminal justice agency. (b) As used in this article, “agency” means any agency or consortium of agencies. (c) It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the local criminal justice agency a reasonable opportunity to examine the record compiled from such files, and to refute any erroneous or inaccurate information contained therein. (Added by Stats. 1979, Ch. 849.)
  179. 13321.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. )

    Verify source ↗

    A person who wants to examine their own record must apply to the agency that keeps the record, using that agency’s prescribed form, and the agency may require fingerprints.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. ) ## 13321. Any person desiring to examine a record relating to himself shall make application to the agency maintaining the record in the form prescribed by that agency which may require the submission of fingerprints. (Added by Stats. 1979, Ch. 849.)
  180. 13322.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. )

    Verify source ↗

    The agency may require an application to include a fee of up to $25 if the agency determines that amount matches the cost of processing the application and making the record available for examination.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. ) ## 13322. The agency may require the application be accompanied by a fee not to exceed twenty-five dollars ($25) that the agency determines is equal to the cost of processing the application and making a record available for examination. (Added by Stats. 1979, Ch. 849.)
  181. 13323.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. )

    Verify source ↗

    When the agency receives an application and verifies the applicant’s identity, it must determine whether a record about the applicant is maintained.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. ) ## 13323. When an application is received by the agency, the agency shall upon verification of the applicant’s identity determine whether a record pertaining to the applicant is maintained. If such record is maintained, the agency shall at its discretion either inform the applicant by mail of the existence of the record and specify a time when the record may be examined at a suitable facility of the agency or shall mail the subject a copy of the record. (Added by Stats. 1979, Ch. 849.)
  182. 13324.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. )

    Verify source ↗

    An applicant may ask an agency to review a record’s accuracy or completeness, and the agency must respond and, if it agrees there is a material error, correct the record and notify affected agencies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. ) ## 13324. (a) If the applicant desires to question the accuracy or completeness of any material matter contained in the record, he may submit a written request to the agency in the form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, its materiality, and shall specify any proof or corroboration available. Upon receipt of such request, the agency shall, within 60 days of receipt of such written request for clarification, review its information and forward to the applicant the results of such review. (b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record and finds that the error is material, it shall correct its record, and the agency shall inform the applicant of its correction of any material error in the record under this subdivision within 60 days. The agency shall notify all criminal justice agencies to which it has disseminated the incorrect record from an automated system in the past two years of the correction of the record. The agency shall furnish the applicant with a list of all the noncriminal justice agencies to which the incorrect record has been disseminated from an automated system in the past two years unless it interferes with the conduct of an authorized investigation. (c) If the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall at the option of the applicant be referred for administrative adjudication in accordance with the rules of the local governing body. (Added by Stats. 1979, Ch. 849.)
  183. 13325.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. )

    Verify source ↗

    The agency must adopt all regulations needed to carry out this article.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. ) ## 13325. The agency shall adopt all regulations necessary to carry out the provisions of this article. (Added by Stats. 1979, Ch. 849.)
  184. 13326.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. )

    Verify source ↗

    No person may require an employee or prospective employee to obtain a copy of a record or notice that a record exists under Section 13323.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 7. Examinations of Local Records [13320 - 13326] ( Article 7 added by Stats. 1979, Ch. 849. ) ## 13326. No person shall require an employee or prospective employee to obtain a copy of a record or notification that a record exists as provided in Section 13323. A violation of this section is a misdemeanor. (Added by Stats. 1979, Ch. 849.)
  185. 1334.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. )

    Verify source ↗

    This chapter may be cited as the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. ) ## 1334. This chapter may be cited as the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases. (Added by Stats. 1937, Ch. 262.)
  186. 1334.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. )

    Verify source ↗

    This section defines terms used in the chapter, including “witness,” “state,” “grand jury investigation,” and “per diem.”

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. ) ## 1334.1. As used in this chapter: (a) “Witness” includes any person whose testimony is desired in any proceeding or investigation by a grand jury or in any criminal action, prosecution, or proceeding. (b) “State” means any State or Territory of the United States and the District of Columbia. (c) “Grand jury investigation” means any grand jury investigation which has commenced or is about to commence. (d) “Per diem” means a sum of money the purpose of which is to provide for personal expenses, including, but not limited to, food and lodging. (Amended by Stats. 1987, Ch. 322, Sec. 1.)
  187. 1334.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. )

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    A judge must set a hearing and may order a witness to appear, testify, or be taken into custody under specified conditions. The judge must not issue the order in a case involving criminal penalties for lawful sexual or reproductive health care in this state.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. ) ## 1334.2. (a) Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that their presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and the judge shall make an order directing the witness to appear at the hearing. (b) If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that they are required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein. (c) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness’ attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing. (d) If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state. (e) If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state. (f) A judge shall not issue an order directing a witness to appear pursuant to this section if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state. (Amended by Stats. 2023, Ch. 260, Sec. 17. (SB 345) Effective January 1, 2024.)
  188. 1334.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. )

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    Courts may issue out-of-state witness certificates and order custody or delivery in some cases. Witnesses subpoenaed to attend in California are entitled to travel pay, per diem, and expense reimbursement, and certain inmates get food and lodging instead of per diem.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. ) ## 1334.3. (a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county of such other state in which the witness is found. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her attendance in this state, the judge may direct that the witness be forthwith brought before him or her. If the judge is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof, he or she may order that the witness be forthwith taken into custody and delivered to an officer of this state. This order shall be sufficient authority to the officer to take the witness into custody and hold him or her unless and until he or she may be released by bail, recognizance, or order of the judge issuing the certificate. If the witness is subpoenaed to attend and testify in this state, he or she shall be tendered the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airlines fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and except as provided in subdivision (b), a per diem of twenty dollars ($20) for each day that he or she is required to travel and attend as a witness. The judge of the court in which the witness is ordered to appear shall order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court shall find reasonable and necessary. A witness who has appeared in accordance with the provisions of the subpoena shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness fails without good cause to attend and testify as directed in the subpoena, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state. (b) If the witness subpoenaed to attend and testify in this state is at the time he or she is required to appear and testify an inmate of a state prison, county jail, or other penal facility, the witness shall, while attending in this state as a witness, be furnished food and lodging in the jail or other appropriate penal facility in the county in which the witness is attending court, and food and lodging of that penal facility shall be rendered in lieu of the per diem specified in subdivision (a). (Amended by Stats. 1987, Ch. 322, Sec. 3.)
  189. 1334.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. )

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    A person entering the state to obey a subpoena is protected from arrest or service of civil or criminal process for matters that arose before entering the state, while the person is here under the subpoena or order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. ) ## 1334.4. If a person comes into this State in obedience to a subpoena directing him to attend and testify in this State, he shall not, while in this State pursuant to the subpoena or order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the subpoena. (Added by Stats. 1937, Ch. 262.)
  190. 1334.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. )

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    A person traveling through the state to attend or testify in another state, or returning, is exempt from arrest or civil or criminal process for matters that arose before entering the state under the subpoena or order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. ) ## 1334.5. If a person passes through this State while going to another State in obedience to a subpoena or order to attend and testify in that State or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the subpoena or order. (Added by Stats. 1937, Ch. 262.)
  191. 1334.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. )

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    This chapter must be interpreted to help make the law uniform with similar laws in other states.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 3a. Attendance of Witnesses Outside the State [1334 - 1334.6] ( Chapter 3a added by Stats. 1937, Ch. 262. ) ## 1334.6. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the States which enact similar legislation. (Added by Stats. 1937, Ch. 262.)
  192. 1335.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. )

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    This section lets the defendant, the people, and in one case the court seek conditional examination of witnesses in certain criminal cases, including public offenses, serious felonies, domestic violence, and human trafficking cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. ) ## 1335. (a) If a defendant has been charged with a public offense triable in a court, he or she in all cases, and the people in cases other than those for which the punishment may be death, may, if the defendant has been fully informed of his or her right to counsel as provided by law, have witnesses examined conditionally in his or her or their behalf, as prescribed in this chapter. (b) If a defendant has been charged with a serious felony or in a case of domestic violence, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter, if there is evidence that the life of the witness is in jeopardy. (c) (1) If a defendant has been charged with human trafficking, pursuant to Section 236.1, and there is evidence that the victim or material witness has been or is being dissuaded by the defendant or a person acting on behalf of the defendant, by intimidation or physical threat, from cooperating with the prosecutor or testifying at trial, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter. (2) If a defendant has been charged with human trafficking, pursuant to Section 236.1, and the court finds that there is a reasonable basis to believe that the material witness will not attend the trial because he or she is under the direct control of the defendant or another person involved in human trafficking and, by virtue of this relationship, the defendant or other person seeks to prevent the witness or victim from testifying, and if the defendant has been fully informed of his or her right to counsel as provided by law, the court may have a witness examined conditionally as prescribed in this chapter. (d) If a defendant has been charged with a case of domestic violence and there is evidence that a victim or material witness has been or is being dissuaded by the defendant or a person acting on behalf of the defendant, by intimidation or a physical threat, from cooperating with the prosecutor or testifying at trial, the people or the defendant may, if the defendant has been fully informed of his or her right to counsel as provided by law, have a witness examined conditionally as prescribed in this chapter. (e) For the purposes of this section, the following definitions shall apply: (1) “Domestic violence” means a public offense arising from acts of domestic violence as defined in Section 13700. (2) “Serious felony” means a felony listed in subdivision (c) of Section 1192.7 or a violation of Section 11351, 11352, 11378, or 11379 of the Health and Safety Code. (Amended by Stats. 2014, Ch. 709, Sec. 1. (AB 1610) Effective January 1, 2015.)
  193. 13350.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 8. Referral of Persons on Supervised Release [13350 - 13352] ( Article 8 added by Stats. 2019, Ch. 650, Sec. 1. )

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    A municipal police department or county sheriff’s department may share limited supervised-release information with local service providers, but only under this article’s requirements and only for people within the department’s jurisdiction.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 8. Referral of Persons on Supervised Release [13350 - 13352] ( Article 8 added by Stats. 2019, Ch. 650, Sec. 1. ) ## 13350. (a) Notwithstanding Section 13302 or any other law, a municipal police department or county sheriff’s department may, subject to the requirements of this article, provide information obtained from the supervised release file of the California Law Enforcement Telecommunications System (CLETS) or other confidential sources, about persons on supervised release that are residing within the jurisdiction of that department to service providers located within that jurisdiction. (b) The information that may be released pursuant to this section is limited to the name and address of the person on supervised release. (c) For purposes of this section, “person on supervised release” means a person on parole from the state prison, postrelease community supervision, mandatory supervision, or supervised probation. It does not include a person on federal probation or any other type of supervised release from federal custody. (d) For purposes of this section, “service provider” means a county, city, city and county, or nonprofit organization that provides transitional services to persons on supervised release, including, but not limited to, assistance with housing, job training or placement, and counseling or mentoring. (Added by Stats. 2019, Ch. 650, Sec. 1. (SB 620) Effective January 1, 2020.)
  194. 13351.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 8. Referral of Persons on Supervised Release [13350 - 13352] ( Article 8 added by Stats. 2019, Ch. 650, Sec. 1. )

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    People on supervised release must be told they may consent to release their name and address to local service providers for transitional services, and law enforcement must coordinate with probation or check the corrections system before certain releases.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 8. Referral of Persons on Supervised Release [13350 - 13352] ( Article 8 added by Stats. 2019, Ch. 650, Sec. 1. ) ## 13351. (a) A person on supervised release shall be notified that they may consent to the release of their name and address to service providers in the community into which they are released or in which they reside, for the purpose of facilitating the offering of transitional services. The person shall be given the option of authorizing their information to be released. (b) Before releasing the information of a supervised person under the jurisdiction of a probation department to a service provider pursuant to Section 13350, the law enforcement agency shall contact, and coordinate with, the person’s probation officer to determine whether or not the person has authorized their information to be released, and shall subsequently inform the person’s probation officer of any referral to a service provider. (c) Before releasing the information of a supervised person under the jurisdiction of the Department of Corrections and Rehabilitation to a service provider pursuant to Section 13350, the law enforcement agency shall access the appropriate automated system designated by the Department of Corrections and Rehabilitation. (Added by Stats. 2019, Ch. 650, Sec. 1. (SB 620) Effective January 1, 2020.)
  195. 13352.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 8. Referral of Persons on Supervised Release [13350 - 13352] ( Article 8 added by Stats. 2019, Ch. 650, Sec. 1. )

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    This article does not apply to supervised persons under the jurisdiction of the Department of Corrections and Rehabilitation until July 1, 2021.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 8. Referral of Persons on Supervised Release [13350 - 13352] ( Article 8 added by Stats. 2019, Ch. 650, Sec. 1. ) ## 13352. This article shall not apply to supervised persons under the jurisdiction of the Department of Corrections and Rehabilitation until July 1, 2021. (Added by Stats. 2019, Ch. 650, Sec. 1. (SB 620) Effective January 1, 2020.)
  196. 1336.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. )

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    The defendant or the people may ask for an order to examine a witness conditionally when certain risk conditions are met.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. ) ## 1336. (a) When a material witness for the defendant, or for the people, is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehension that he or she will be unable to attend the trial, or is a person 65 years of age or older, or a dependent adult, the defendant or the people may apply for an order that the witness be examined conditionally. (b) When there is evidence that the life of a witness is in jeopardy, the defendant or the people may apply for an order that the witness be examined conditionally. (c) As used in this section, “dependent adult” means a person, regardless of whether the person lives independently, who is between the ages of 18 and 65, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 65, who is admitted as an inpatient to a 24-hour facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 70, Sec. 4. (AB 1934) Effective January 1, 2019.)
  197. 1337.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. )

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    An application under this section must be made by affidavit and include specified information about the offense, the case, the witness, and why the witness matters.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. ) ## 1337. The application shall be made upon affidavit stating all of the following: (a) The nature of the offense charged. (b) The state of the proceedings in the action. (c) The name and residence of the witness, and that his or her testimony is material to the defense or the prosecution of the action. (d) That any of the following are true: (1) The witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he or she will not be able to attend the trial, or is a person 65 years of age or older, or a dependent adult, or that the life of the witness is in jeopardy. (2) That the witness is a victim or a material witness in a human trafficking case who has been or is being intimidated or threatened, as described in paragraph (1) of subdivision (c) of Section 1335, from cooperating with the prosecutor or testifying at trial. (3) That the witness is a victim or material witness in a domestic violence case who has been or is being intimidated or threatened, as described in subdivision (d) of Section 1335 from cooperating with the prosecutor or testifying at trial. (Amended by Stats. 2014, Ch. 709, Sec. 2. (AB 1610) Effective January 1, 2015.)
  198. 13370.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 9. Justice Data Accountability and Transparency Act [13370- 13370.] ( Article 9 added by Stats. 2022, Ch. 787, Sec. 1. )

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    This section creates a criminal justice data transparency program and requires the Department and prosecutor agencies to collect, transmit, publish, and protect specified prosecution data.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 3. CRIMINAL STATISTICS [13000 - 13400] ( Title 3 added by Stats. 1955, Ch. 1128. ) ## CHAPTER 2. Criminal Offender Record Information [13100 - 13370] ( Chapter 2 added by Stats. 1973, Ch. 992. ) ## ARTICLE 9. Justice Data Accountability and Transparency Act [13370- 13370.] ( Article 9 added by Stats. 2022, Ch. 787, Sec. 1. ) ## 13370. (a) (1) It is the intent of the Legislature to create a workable system of criminal justice data transparency whereby law enforcement prosecution agencies will gather complete, accurate, and timely data in a uniform format, and make that data available to the public in a modern, open, electronic format that is machine-readable and readily accessible through an application program interface. In order that meaningful discussions can occur regarding criminal justice and its most challenging issues, including those regarding criminal caseloads, plea bargaining, race, mass incarceration, equity, and homelessness, the Legislature finds that it is an important state interest to implement a data collection, aggregation, and publishing process for criminal prosecutions to promote criminal justice data transparency. This data would be comprised of publishable statistics and other data from statewide prosecution offices. This section shall be referred to as the Justice Data Accountability and Transparency Act, “the Act,” or “JDATA.” (2) It is the intent of the Legislature to create a reliable and robust methodology that is consistent county-to-county so that statewide data and trends may be accurately tracked. Further, the legislation shall set low technological and resource barriers so that every affected office may meaningfully participate to the fullest intent of this article. (3) The expediency and accuracy of the data is best served by the Department of Justice as a single data aggregator and repository unit. The participation of the department as the final point of collection, aggregation, and publishing of this data is more efficient, will ensure the uniformity and accuracy of the data, and, by providing the technological resources and aggregation and publication of all data, will allow offices that lack adequate technology or resources to comply with the mandate. As used in this paragraph, technological resources means providing the basic systems and support necessary to receive the case data described in this article in standard formats from prosecution agencies statewide and aggregate that data using appropriate means developed by the department, and then publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website. (b) (1) The department shall have the following objectives and mandate: (A) Collection of the data described in subdivision (e), hereinafter referred to as data elements, within the timeframes described in this section from all state and local prosecutor offices that prosecute misdemeanors or felonies or both, including county district attorney offices, city attorney offices, and the Attorney General, hereinafter referred to as agencies. Collection of data elements includes providing cooperation and assistance to participating agencies and developing consistent and clear guidelines for how agencies are to define data elements transmitted to the department. The department shall develop consistent definitions and formats for data elements to ensure success of comparing metrics created using said data elements between jurisdictions. (B) Transmission of data elements, defined as the method designated by the department for the participating agency to provide collected data elements to the department. (C) Aggregation of data elements, defined as collecting data elements gathered from multiple agencies in such a way that they can support metrics, defined as the combination of data elements used to track outcomes on any given process or decision point, developed by the department, that may be compared between jurisdictions. (D) Development of metrics, defined as using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using data elements submitted by the agencies. The methods implemented must ensure that the metrics developed can be compared between jurisdictions. (E) Consistent with subdivision (g), publication of metrics, defined as using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors, including other metrics and filters including, but not limited to, defendant, victim, and case characteristics. This publication shall be made using a modern, open, and electronic format, such as comma-separated values (CSV) or similar file format, that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, case-level data available for download so that independent analyses can be conducted using the data. The department shall also ensure that personal identifying information is not published except as allowed by law, and the use of anonymized data may be employed for this purpose. (F) By October 1, 2023, the department shall establish the Prosecutorial Transparency Advisory Board for the purpose of ensuring transparency, accountability, and equitable access to prosecutorial data. The primary responsibilities of the board shall be providing guidance to the department on any and all draft rules, regulations, policies, plans, reports, or other decisions made by the department in regard to this Act. The board shall include the following members: (i) The Attorney General, or their designee. (ii) The president of the California Public Defenders Association, or their designee, who shall consult with other members of the California Public Defenders Association to represent the geographic, population, and county size diversity of the state. (iii) The president of the California District Attorneys Association, or their designee, who shall consult with other members of the California District Attorneys Association to represent the geographic, population, and county size diversity of the state. (iv) An advisory committee member of the Prosecutors Alliance of California, or their designee, who shall consult with other advisory committee members and members of the Prosecutors Alliance of California to represent the geographic, population, and county size diversity of the state. (v) The chairperson of the Committee on Revision of the Penal Code, or their designee. (vi) A university professor who specializes in criminal justice data. (vii) A data scientist who specializes in criminal justice data. (viii) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights. (ix) Two representatives of community organizations who specialize in civil or human rights and criminal justice. (x) Two representatives of tax-exempt organizations who specialize in criminal justice data. (xi) Two individuals who have direct experience being prosecuted in the state’s criminal legal system. (xii) Two individuals who have direct experience being a victim of a crime or the spouse, parents, children, siblings, or guardian of a crime victim, if the victim is deceased, a minor, or physically or psychologically incapacitated. (xiii) Two representatives of organizations that provide services to crime victims. (G) (i) By July 1, 2024, the department, in consultation with the Prosecutorial Transparency Advisory Board, shall develop a data dictionary that includes standardized definitions for each data element in subdivision (e) so that data elements transmitted to the department are uniform across all jurisdictions, taking into account any technical and practical limitations on the collection of that data element. (ii) Upon completion of the data dictionary, the department shall share the data dictionary with all agencies statewide. (2) The department shall assess and develop its capabilities in carrying out its functions using the following guidelines. The department shall do all of the following in carrying out its objectives and mandate: (A) Use standardized practices in developing web pages, using what is commonly referred to as open web standards or standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO). (B) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events. (C) Use technology that is scalable so as to accommodate large increases in volume of data. (D) Staff personnel familiar with web user-interface coding and web service coding. (E) Except as provided in subdivisions (g) and (h), make all data available, including raw data elements and metrics, in a machine readable format with open format, nonproprietary file formats that will allow for download of complete data sets. (F) Except as provided in subdivisions (g) and (h), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web Application Programming Interfaces that allow access to data directly through programs in addition to internet website publishing. (G) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data. (H) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data. (I) Develop methods for archiving data, retrieving archived data, and data editing. (c) (1) The operation of this article is contingent upon an adequate appropriation by the Legislature in the annual Budget Act or another statute for purposes of this article. (2) Any funds disbursed to effectuate this article shall be used only for the purpose of administering this article. (3) The recipient of any funds disbursed to effectuate this article shall provide a full public accounting of all of those funds. (d) (1) Beginning March 1, 2027, every agency statewide shall collect every data element in subdivision (e) for cases in which a decision to reject charges or to initiate criminal proceedings by way of complaint or indictment has been made by that agency from that date forward. Each data element shall be collected according to the definitions provided in this section with any ambiguities to be resolved by the department in the data dictionary described in clause (i) of subparagraph (I) of paragraph (1) of subdivision (b) for uniform application statewide. Each data element shall be submitted in a format designated by the department to be the most appropriate and cost effective to carry out the objectives of this article. Any ambiguities regarding the substance or timing of the collection described in this paragraph shall be resolved by the department by letter guidelines issued to all prosecution agencies upon consultation with the Prosecutorial Transparency Advisory Board. (2) Beginning June 1, 2027, every agency statewide, at the direction of the department, shall begin transmitting its required data elements to the department. The transmission shall occur on a quarterly basis until June 1, 2028, after which data elements shall be transmitted on a monthly basis. The department may require any agency to transmit data to the department before the deadlines stated in this paragraph for quality control purposes, including to ensure data consistency, compliance with standardized formats as determined by the department, and to ensure the agencies are ready to fully comply with this section as required for their deadlines. (3) Beginning June 1, 2027, the department shall begin collecting data elements from all agencies statewide according to the timetable in paragraph (2). The department shall aggregate data elements for all agencies in order to publish this data from those agencies by June 1, 2028. This publication shall continue on a quarterly basis for one year, and then the publication shall occur on a monthly basis thereafter. (4) It shall be an express exception to any sealing of a case or expungement of a case, whether by court order or by operation of law, or any rule of confidentiality or rule otherwise prohibiting disclosure provided by law that all data, pursuant to this section, shall be provided by the agencies to the department. (e) Agencies shall collect and transmit to the department the following data elements in accordance with this section and under direction from the department. The department shall have discretion to resolve ambiguities in this subdivision consistent with the purposes of this section, including the development of uniform definitions for the required data elements. The department shall also have discretion to determine the form and format in which data elements shall be captured and transmitted. Except as provided in subdivisions (g) and (h), for each case, the following data elements shall be gathered and published as described in this section. For purposes of this article, a case is defined as a collection of charges filed by an agency on a particular date to initiate a criminal prosecution for a felony or a misdemeanor. A case dismissed and later refiled shall only be counted as one case. The collection of charges filed by an agency against multiple defendants in a single charging document shall each be an individual case for each such defendant. (1) The court case number used by the court to identify a case. The court case number shall be assigned to each case and charge within a case prosecuted by the agency. (2) The Internal Case Number (ICN) assigned to each case by the Case Management System (CMS). This number shall be assigned to each case and charge within a case prosecuted by the agency. If the agency does not currently use an ICN, the agency shall create and apply an ICN as directed by the department. (3) Whether the case is pending, has concluded, is on appeal, or is inactive, such as when a defendant is in warrant status. (4) The ZIP Code where most of the acts comprising the crimes charged occurred. (5) The date of the crime. If multiple crime dates are alleged, the date of the crime shall be the earliest date alleged in the charging document. (6) The name and Originating Agency Identifier (ORI), as designated by the National Law Enforcement Telecommunications System, of the law enforcement agency that investigated the case for submission to the prosecutor. (7) The ZIP Code of the arrest. (8) The date of the arrest. (9) Each charge and enhancement, including any special circumstance or special allegation, referred by law enforcement, including a uniform description, statute number, and level, either felony or misdemeanor. (10) The date on which charges were filed, the case was discharged, or the case was returned for further investigation. (11) Each charge, enhancement, and special circumstance or special allegation filed by the agency in the initial charging document. (12) For each case declined to prosecute, each charge that the agency declined to prosecute. (13) The county in which the case was filed. (14) The date on which the defendant initially entered a plea to the charges. (15) The date on which the defendant first appeared in a case, whether or not an arraignment took place. (16) The date on which bail or bond was set by the court in open court and the amount of bail set. (17) The agency pretrial release recommendation for each case, as stated in open court, as described in standardized terms developed by the department. (18) The prosecution bail recommendation for each case stated in open court according to standardized terms developed by the department. (19) The court pretrial detention determination at arraignment as described in standardized terms developed by the department. (20) Whether the defendant posted bail. (21) The date of any release from custody, the reason for release, and the terms of that release. The department shall develop standardized terms for this data element. (22) The start and end date for every period of pretrial detention for a defendant in a case and the reason for that detention as described in standardized terms provided by the department. (23) The date of any amendments adding charges or enhancements to a charging document, including a complaint, indictment, or information. (24) The charges, enhancements, special circumstances, or special allegations added to a charging document by amendment. (25) The date on which the first plea bargain offer was made by the agency to each defendant. For purposes of this section, plea bargain offer is defined as the terms of resolution of a case made by the agency that are ultimately transmitted to the defendant by their counsel for consideration, which is commonly called a “bona fide offer” or, if the defendant is in propria persona, the first offer to resolve a case transmitted to the defendant on any given date. (26) The terms of the initial plea bargain offer communicated to the defendant or the defendant’s counsel. The department shall develop a standardized method to capture the terms of the initial plea bargain offer according to uniform definitions. (27) Whether the prosecutor determined that the defendant was eligible for diversion. For purposes of this section, diversion is defined as a program, either as created and defined by state law or an agency, by which charges are reduced or dismissed as part of participation in alternatives to prosecution such as counseling, therapy, restorative justice principles, or periods of noncriminality. (28) Whether the defendant was offered a diversion program by the agency. (29) Whether the court granted or denied a motion for diversion as allowed by law, if such a motion was made. (30) Whether the defendant agreed to participate in a diversion program. (31) Whether the agency opposed the defendant’s request for diversion, if that request was made in open court, and the reason for the opposition, if given in open court, using standardized terms, including the following: (A) “Public safety.” (B) “Criminal history.” (C) “Failure of the defendant to consent.” (D) “Failure of the defendant to comply with current or prior diversion program terms.” (E) “Statutory ineligibility.” (F) “Discretion.” (G) “Other.” (32) The type of diversion according to standardized terms to be developed by the department, including terms to describe each of the following: (A) Mental health diversion pursuant to Section 1001.36. (B) Veteran diversion pursuant to Section 1001.80. (C) Misdemeanor diversion pursuant to Section 1001.95. (D) Drug diversion pursuant to Section 1000. (E) Other diversion. (33) Whether the prosecutor determined that the defendant was eligible for collaborative court. For purposes of this section, collaborative court is a program wherein the prosecution of the case is stayed in order to engage in any collaborative process, such as by the agency, the public defender, and the court, to address underlying issues such as chemical dependency or mental health issues. (34) Whether the court granted or denied a motion for collaborative court, if such a motion was made. (35) Whether the defendant agreed to participate in a collaborative court program. (36) Whether the agency opposed the defendant’s request for collaborative court, if that request was made in open court, and the reason, if given in open court, for the opposition, using standardized terms, including the following: (A) “Public safety.” (B) “Criminal history.” (C) “Failure of the defendant to consent.” (D) “Failure of the defendant to comply with current or prior collaborative court program terms.” (E) “Statutory ineligibility.” (F) “Discretion.” (G) “Other.” (37) The type of collaborative court according to standardized terms to be developed by the department, including terms to describe each of the following: (A) Mental health collaborative court. (B) Veteran collaborative court. (C) Drug or DUI collaborative court. (D) Community or homeless collaborative court. (E) Other collaborative court. (38) The date on which a charge was resolved, whether by dismissal, acquittal, conviction, or other grounds. (39) The disposition of each charge and enhancement, including any special circumstance or special allegation. Specifically, whether the charge or enhancement was resolved by dismissal, acquittal or not true finding, or conviction. If conviction, whether the conviction was by plea or by trial. (40) For any special circumstance alleged in the charging document, whether the defendant was alleged to be the actual killer as defined by paragraph (1) of subdivision (e) of Section 189. (41) The date a sentence was imposed by the court. (42) The sentence imposed by the court, including any restitution, fines, and period of incarceration imposed. (43) Whether or not the agency engaged in any postconviction resentencing, defined for purposes of this section as any resentencing where, after judgment and sentencing on a case, the agency revisited the sentence, including, but not limited to, proceedings under Section 1172.1, and the outcome of that resentencing. (44) Whether or not the agency engaged in any parole proceedings, the formal recommendation of the agency during that proceeding, and the outcome of that proceeding. (45) Whether or not the agency engaged in any commutation or pardon proceedings, the official recommendation of the agency for those proceedings, and the outcome of those proceedings. (46) Whether a motion was made by a party under Section 231.7 of the Code of Civil Procedure, the party making the motion, and the result of that motion. (47) Whether a criminal informant was used and whether that informant was used in a custodial or noncustodial setting. This paragraph shall apply only if the existence and nature of the informant was disclosed as part of the public proceedings of the case. (48) Whether competency proceedings were initiated under Section 1368, 1368.1, or 1369 and the result of those proceedings. (49) Whether the last attorney of record at the conclusion of the case was private, publicly retained, or whether the defendant was in propria persona. (50) Whether the defendant pled not guilty by reason of insanity. (51) Whether conservatorship proceedings were instituted. (52) For each defendant charged in a case, all of the following: (A) Their name. (B) The Criminal Identification and Information/State Identification number assigned by the department. (C) The date of birth. (D) The defendant’s anonymized identifier created by CMS within the agency. If the agency does not currently use an anonymized identifier created by CMS, the agency shall create and apply an anonymized identifier as directed by the department. (E) The defendant’s age at the time of the crime. (F) The defendant’s race as determined according to standardized definitions developed by the department. (G) The source of the information regarding the defendant’s race. The department shall develop a standardized list of sources of information regarding a defendant’s race, including, but not limited to, defendant’s advocate or record of arrests and prosecution. (H) The defendant’s ethnicity as determined according to standardized definitions developed by the department. (I) The source of the information regarding the defendant’s ethnicity. The department shall develop a standardized list of sources of information regarding a defendant’s ethnicity. (J) Whether the defendant or their counsel has identified in open court or in a filing with the court that the defendant has a physical disability or a disability as described in the Diagnostic and Statistical Manual of Mental Disorders. (K) The type of disability so identified, if any. (L) The defendant’s gender. (M) Whether the defendant has disclosed to the prosecution that they identify as transgender, nonbinary, or intersex. (N) The defendant’s county of residence, if reflected in the court record, including, if the defendant is unhoused, an approximation of the county of residence as determined from direction by the department. (O) Whether the defendant was on probation at the time the acts comprising the crime charged occurred. (P) Whether the defendant was on parole at the time the acts comprising the crime charged occurred. (Q) Whether or not the defendant was required to register as a sex offender under Sections 290 to 290.024, inclusive, at the time the acts comprising the crime charged occurred. (53) For each victim, all of the following: (A) Whether there was a victim identified. (B) The race. (C) The ethnicity. (D) The age at the time of the crime. (E) Gender identification. (F) Whether the victim made a request to the court to drop the charges or indicated to the court that they would not be willing to testify or that they would be willing to testify. (54) For each agency or division, if only select divisions perform criminal prosecution within an agency, all of the following data shall be reported by July 1 each year: (A) The number of full-time or full-time equivalent attorneys who carry nonappellate adult criminal caseloads as of the reporting date. (B) The number of part-time attorneys who carry nonappellate adult criminal caseloads as of the reporting date. (C) The number of investigators employed by the office as of the reporting date. (D) The number of personnel dedicated to providing victim services employed by the office as of the reporting date. (E) The average annual felony caseload for attorneys who carry nonappellate adult criminal caseloads for the preceding calendar year. (F) The average annual misdemeanor caseload for attorneys who carry nonappellate adult criminal caseloads for the preceding calendar year. (G) The office limits, if any, regarding the number of felony cases a single attorney can carry over a one-year period. (H) The office limits, if any, regarding the number of misdemeanor cases a single attorney can carry over a one-year period. (I) The number of victims the prosecutor’s victim’s services unit contacted, and number of victims the prosecutor’s victim’s services unit provided services to during the reporting period. For purposes of this section, services are defined as tangible resources or assistance with recovering tangible resources including, but not limited to, seeking reimbursement from the California Victim Compensation Board, residence relocation, or application for a U visa. Services do not include informing victims of court dates and relaying case information or offers to plea a case. (f) (1) All of the following data shall be collected by the department from the appropriate division within the department with respect to each defendant in the cases identified and reported by a prosecuting agency pursuant to subdivision (e): (A) The number of prior felony convictions and statutory charges comprising prior felony convictions. (B) The number of prior felony arrests. (C) The number of misdemeanor arrests and convictions and statutory charges comprising prior misdemeanor convictions. (D) Whether an appeal was filed following the disposition of the case, the basis for the appeal, whether the appeal was contested by the prosecuting agency, and the resolution of the appeal. (2) The division shall include the Criminal Identification and Information/State Identification number assigned to each defendant with the data provided in paragraph (1). (g) (1) Except as provided in paragraphs (2) and (3) and notwithstanding any other law, the department shall publish the information contained in the data elements described in subdivisions (e) and (f). (2) The following information shall not be published: (A) The defendant’s name. (B) The defendant’s date of birth. (C) The criminal identification and information/state identification number assigned to each defendant. (D) The defendant’s anonymized identifier created by CMS within the agency. (E) The ICN assigned to each case by the agency CMS. (F) The court case number used by the court to identify a case. (G) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime, as defined by the department in consultation with the Prosecutorial Transparency Advisory Board through regulations. The department, in consultation with the Prosecutorial Transparency Advisory Board, shall develop protocols and regulations to protect personally identifying information and privacy while maximizing the data available to the public. (3) Dissemination of data under subparagraph (Q) of paragraph (52) of subdivision (e) shall comply with Sections 290.45, 290.46, and 290.021. (h) Notwithstanding paragraph (2) of subdivision (g), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, every bona fide research institution concerned with the quality of the criminal legal system may be provided with the information contained in the data elements described in subdivisions (e) and (f), including the information described in paragraph (2) of subdivision (g), as required for the performance of its duties, including the conduct of research. The material identifying individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals. The department, in consultation with the Prosecutorial Transparency Advisory Board, shall develop regulations consistent with this subdivision. (Added by Stats. 2022, Ch. 787, Sec. 1. (AB 2418) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.)
  199. 1338.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. )

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    An application may be made to the court or a judge, but it must be made with three days’ notice to the opposite party.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. ) ## 1338. The application may be made to the court or a judge thereof, and must be made upon three days’ notice to the opposite party. (Amended by Stats. 1905, Ch. 540.)
  200. 1339.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. )

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    If the court or judge finds the witness examination necessary, it must order the witness to be examined conditionally at a specified time and place before a designated magistrate.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. ) ## 1339. If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and before a magistrate designated therein. (Amended by Stats. 1905, Ch. 540.)

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