Penal Code — Part 6 | PEN — United States — California law | Esheria

Penal Code

Part 6 of 29 · provisions 1,001–1,200

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

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

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Provisions of Penal Code

Showing 200 of 5,647

  1. 134.

    ## 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 commits a felony if they prepare false or backdated written materials to be used, or allowed to be used, as genuine in a lawful trial, proceeding, or inquiry, for a fraudulent or deceitful purpose.

    ## 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. ) ## 134. Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of felony. (Enacted 1872.)
  2. 1340.

    ## 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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    A defendant has the right to attend the examination in person with counsel. If the defendant is in custody, the custodian must be told the time and place, bring the defendant, and keep the defendant in the witness’s presence and hearing. The court may permit a two-way video examination if the witness is too sick or infirm to appear in person.

    ## 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. ) ## 1340. (a) The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody he or she is, must be informed of the time and place of the examination, and must take the defendant thereto, and keep him or her in the presence and hearing of the witness during the examination. (b) If the court determines that the witness to be examined is so sick or infirm as to be unable to participate in the examination in person, the court may allow the examination to be conducted by a contemporaneous, two-way video conference system, in which the parties and the witness can see and hear each other via electronic communication. (c) Nothing in this section is intended to require the court to acquire two-way video conference equipment for these purposes. (Amended by Stats. 2008, Ch. 14, Sec. 1. Effective January 1, 2009.)
  3. 13400.

    ## 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 2.5. Criminal Justice Realignment Evaluation [13400- 13400.] ( Chapter 2.5 added by Stats. 2023, Ch. 96, Sec. 1. )

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    The Legislative Analyst’s Office must prepare and submit a report to the Legislature by June 30, 2026.

    ## 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 2.5. Criminal Justice Realignment Evaluation [13400- 13400.] ( Chapter 2.5 added by Stats. 2023, Ch. 96, Sec. 1. ) ## 13400. (a) The Legislative Analyst’s Office shall prepare a report, to be submitted to the Legislature on June 30, 2026, evaluating the results of Assembly Bill 109 of the 2011–12 Regular Session over the previous 10 years, including, but not limited to, the following: (1) The amount of funding received per county and how that funding was allocated, including, but not limited to, the following categories: (A) Funding received by department or agency. (B) All types of facilities construction. (C) The number and type of additional personnel. (D) Rehabilitative programming. (E) Any other services. (2) Information on sentencing practices, including the use of straight sentencing, split sentencing, probation, diversion, and any other alternatives to custody. (3) The impact on the county jail population as based on changes to the average monthly jail population, whether there were changes in jail release policies, and whether the county jail was under any court-ordered population cap. (4) Information on postrelease community supervision practices, including caseload of probation officers, responses to supervision violations, including describing the sanctions used and particularly the use of flash incarceration, and programming and services offered. (5) Recidivism outcomes, as defined by rearrest and reconviction rates after release from custody for offenders sentenced under subdivision (h) of Section 1170, and those released on postrelease community supervision. (b) The report may be based on data from every county, or alternatively, a multicounty study using data from at least 15 counties representative of the state. (c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this chapter is repealed on June 30, 2030. (Added by Stats. 2023, Ch. 96, Sec. 1. (AB 1080) Effective January 1, 2024. Repealed as of June 30, 2030, by its own provisions. Note: Repeal affects Chapter 2.5, commencing with Sec. 13400, consisting of this section.)
  4. 1341.

    ## 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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    A conditional witness examination cannot proceed if the magistrate is satisfied that the stated ground is false or that the application was made to avoid trial 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 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. ) ## 1341. If, at the designated time and place, it is shown to the satisfaction of the magistrate that the stated ground for conditional examination is not true or that the application was made to avoid the examination of the witness at the trial, the examination cannot take place. (Amended by Stats. 2009, Ch. 567, Sec. 3. (SB 197) Effective January 1, 2010.)
  5. 1342.

    ## 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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    A magistrate may issue a subpoena to enforce a witness’s attendance at an 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 4. Examination of Witnesses Conditionally [1335 - 1345] ( Chapter 4 enacted 1872. ) ## 1342. The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken. (Enacted 1872.)
  6. 1343.

    ## 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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    A witness’s testimony must be reduced to writing and authenticated; it may also be video-recorded.

    ## 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. ) ## 1343. The testimony given by the witness shall be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an information. Additionally, the testimony may be video-recorded. (Amended by Stats. 1997, Ch. 19, Sec. 1. Effective January 1, 1998.)
  7. 1344.

    ## 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 magistrate must seal up the deposition and send it to the Clerk of the Court.

    ## 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. ) ## 1344. The deposition taken must, by the magistrate, be sealed up and transmitted to the Clerk of the Court in which the action is pending or may come for trial. (Enacted 1872.)
  8. 1345.

    ## 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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    A deposition, certified copy, or video-recording may be used as evidence at trial if the court finds the witness is unavailable.

    ## 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. ) ## 1345. The deposition, or a certified copy of it, may be read in evidence, or if the examination was video-recorded, that video-recording may be shown by either party at the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question or answer contained in the deposition or video-recording as if the witness had been examined orally in court. (Amended by Stats. 1997, Ch. 19, Sec. 2. Effective January 1, 1998.)
  9. 1346.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. )

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    In certain sexual-crime cases involving a young or developmentally disabled victim, the people may seek an order to video record the victim’s preliminary-hearing testimony, and the recording must then be handled, shared, and eventually destroyed under specified 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. ) ## 1346. (a) When a defendant has been charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, 289, or 647.6, or former Section 288a, and the victim either is a person 15 years of age or younger or is developmentally disabled as a result of an intellectual disability, as specified in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the people may apply for an order that the victim’s testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved. (b) The application for the order shall be in writing and made three days prior to the preliminary hearing. (c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending. (d) If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or unavailable within the meaning of Section 240 of the Evidence Code, the court may admit the video recording of the victim’s testimony at the preliminary hearing as former testimony under Section 1291 of the Evidence Code. (e) A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (f) A video recording made pursuant to this section shall be made available to the prosecuting attorney, the defendant, and his or her attorney for viewing during ordinary business hours. A video recording that is made available pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim. (g) The video recording shall be destroyed after five years have elapsed from the date of entry of judgment, except that if an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been rendered. (Amended by Stats. 2018, Ch. 423, Sec. 97. (SB 1494) Effective January 1, 2019.)
  10. 1346.1.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. )

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    In certain sexual-crime cases, the people may ask for the victim’s preliminary-hearing testimony to be video recorded and preserved, but the request must be written and filed three 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. ) ## 1346.1. (a) When a defendant has been charged with a violation of Section 261, if the victim is the spouse of the defendant, former Section 262, or subdivision (a) of Section 273.5, the people may apply for an order that the victim’s testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved. (b) The application for the order shall be in writing and made three days prior to the preliminary hearing. (c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending. (d) If the victim’s prior testimony given at the preliminary hearing is admissible pursuant to the Evidence Code, then the video recording of that testimony may be introduced as evidence at trial. (Amended by Stats. 2022, Ch. 197, Sec. 25. (SB 1493) Effective January 1, 2023.)
  11. 1347.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. )

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    This section lets a court use closed-circuit testimony procedures for a minor witness in a criminal case if specified findings are made.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. ) ## 1347. (a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect the rights of a child witness, the rights of the defendant, and the integrity of the judicial process. In exercising its discretion, the court necessarily will be required to balance the rights of the defendant or defendants against the need to protect a child witness and to preserve the integrity of the court’s truthfinding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures. (b) Notwithstanding any other law, the court in a criminal proceeding, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: (1) The minor’s testimony will involve a recitation of the facts of any of the following: (A) An alleged sexual offense committed on or with the minor. (B) An alleged violent felony, as defined in subdivision (c) of Section 667.5. (C) An alleged felony offense specified in Section 273a or 273d of which the minor is a victim. (2) The impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. (A) Testimony by the minor in the presence of the defendant would result in the child suffering serious emotional distress so that the child would be unavailable as a witness. (B) The defendant used a deadly weapon in the commission of the offense. (C) The defendant threatened serious bodily injury to the child or the child’s family, threatened incarceration or deportation of the child or a member of the child’s family, threatened removal of the child from the child’s family, or threatened the dissolution of the child’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. (D) The defendant inflicted great bodily injury upon the child in the commission of the offense. (E) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. In making the determination required by this section, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. (3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. (c) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. (d) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. (2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. (3) In determining whether the impact on an individual child of one or more of the five factors enumerated in paragraph (2) of subdivision (b) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. (e) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: (1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. (2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. (3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. (4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. (5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. (g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the child and to allow the attorneys an opportunity to establish rapport with the child to facilitate later questioning by closed-circuit television. No participant shall discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. (h) When the court orders the testimony of a minor to be taken in another place outside the courtroom, nothing in this section prohibits the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. (i) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. (j) Nothing in this section affects the disqualification of witnesses pursuant to Section 701 of the Evidence Code. (k) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. (l) Nothing in this section shall be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony. (Amended by Stats. 2015, Ch. 155, Sec. 1. (SB 176) Effective January 1, 2016.)
  12. 1347.1.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. )

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    A court may allow a minor age 15 or younger to testify by closed-circuit television in certain criminal cases involving Section 236.1 if specified findings are made.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. ) ## 1347.1. (a) In any criminal proceeding in which a defendant is charged with a violation of Section 236.1, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 15 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: (1) The minor’s testimony will involve a recitation of the facts of an alleged offense of human trafficking, as defined in Section 236.1. (2) (A) The impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. (i) Testimony by the minor in the presence of the defendant would result in the minor suffering serious emotional distress so that the minor would be unavailable as a witness. (ii) The defendant used a deadly weapon in the commission of the offense. (iii) The defendant threatened serious bodily injury to the minor or the minor’s family, threatened incarceration or deportation of the minor or a member of the minor’s family, threatened removal of the minor from the minor’s family, or threatened the dissolution of the minor’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged offense, or from assisting in criminal prosecution. (iv) The defendant inflicted great bodily injury upon the minor in the commission of the offense. (v) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. (B) In making the determination required by this paragraph, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. (3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. (b) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. (c) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. (2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. (3) In determining whether the impact on an individual minor of one or more of the five factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. (d) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: (1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. (2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. (3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. (4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. (5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (e) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. (f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the minor and to allow the attorneys an opportunity to establish rapport with the minor to facilitate later questioning by closed-circuit television. A participant shall not discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. (g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, this section does not prohibit the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. (h) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. (i) This section does not affect the disqualification of witnesses pursuant to Section 701 of the Evidence Code. (j) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. (k) This section shall not be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony. (Amended by Stats. 2017, Ch. 269, Sec. 9. (SB 811) Effective January 1, 2018.)
  13. 1347.5.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. )

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    This section lets a court use special accommodations and video procedures for certain criminal cases involving a person with a disability.

    ## 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 4.5. Examination of Victims of Sexual Crimes [1346 - 1347.5] ( Chapter 4.5 added by Stats. 1982, Ch. 98, Sec. 1. ) ## 1347.5. (a) It is the intent of the Legislature, in enacting this section, to provide the court with discretion to modify court procedures, as a reasonable accommodation, to ensure that adults and children with disabilities who have been victims of an alleged sexual or otherwise specified offense are able to participate effectively in criminal proceedings. In exercising its discretion, the court shall balance the rights of the defendant against the right of the victim who has a disability to full access and participation in the proceedings, while preserving the integrity of the court’s truthfinding function. (1) For purposes of this section, the term “disability” is defined in paragraphs (1) and (2) of subdivision (c) of Section 11135 of the Government Code. (2) The right of the victim is not to confront the perpetrator, but derives under both Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) as a right to participate in or benefit from the same services or services that are equal or as effective as those enjoyed by persons without disabilities. (b) Notwithstanding any other law, in any criminal proceeding in which the defendant is charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 287, 288, 288.5, or 289, or former Section 288a, subdivision (1) of Section 314, Section 368, 647.6, or with any attempt to commit a crime listed in this subdivision, committed with or upon a person with a disability, the court in its discretion may make accommodations to support the person with a disability, including, but not limited to, any of the following: (1) Allow the person with a disability reasonable periods of relief from examination and cross-examination during which he or she may retire from the courtroom. The judge may also allow other witnesses in the proceeding to be examined when the person with a disability retires from the courtroom. (2) Allow the person with a disability to utilize a support person pursuant to Section 868.5 or a regional center representative providing services to a developmentally disabled individual pursuant to Article 1 (commencing with Section 4620) or Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code. In addition to, or instead of, allowing the person with a disability to utilize a support person or regional center representative pursuant to this paragraph, the court may allow the person with a disability to utilize a person necessary to facilitate the communication or physical needs of the person with a disability. (3) Notwithstanding Section 68110 of the Government Code, the judge may remove his or her robe if the judge believes that this formal attire prevents full participation of the person with a disability because it is intimidating to him or her. (4) The judge, parties, witnesses, support persons, and court personnel may be relocated within the courtroom to facilitate a more comfortable and personal environment for the person with a disability as well as accommodating any specific requirements for communication by that person. (c) The prosecutor may apply for an order that the testimony of the person with a disability at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved. (1) The application for the order shall be in writing and made three days prior to the preliminary hearing. (2) Upon timely receipt of the application, the judge shall order that the testimony of the person with a disability given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending. (3) If at the time of trial the court finds that further testimony would cause the person with a disability emotional trauma so that he or she is medically unavailable or otherwise unavailable within the meaning of Section 240 of the Evidence Code, the court may admit the video recording of his or her testimony at the preliminary hearing as former testimony under Section 1291 of the Evidence Code. (4) A video recording that is taken pursuant to this subdivision is subject to a protective order of the court for the purpose of protecting the privacy of the person with a disability. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (d) Notwithstanding any other law, the court in any criminal proceeding, upon written notice of the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the person with a disability is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of the person with a disability be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, and defendant, and communicated to the courtroom by means of two-way closed-circuit television, if the court makes all of the following findings: (1) The person with a disability will be called on to testify concerning facts of an alleged sexual offense, or other crime as specified in subdivision (b), committed on or with that person. (2) The impact on the person with a disability of one or more of the factors enumerated in subparagraphs (A) to (D), inclusive, is shown by clear and convincing evidence to be so substantial as to make the person with a disability unavailable as a witness unless closed-circuit television is used. The refusal of the person with a disability to testify shall not alone constitute sufficient evidence that the special procedure described in this subdivision is necessary in order to accommodate the disability. The court may take into consideration the relationship between the person with a disability and the defendant or defendants. (A) Threats of serious bodily injury to be inflicted on the person with a disability or a family member, of incarceration, institutionalization, or deportation of the person with a disability or a family member, or of removal of the person with a disability from his or her residence by withholding needed services when the threats come from a service provider, in order to prevent or dissuade the person with a disability from attending or giving testimony at any trial or court proceeding or to prevent that person from reporting the alleged offense or from assisting in criminal prosecution. (B) Use of a firearm or any other deadly weapon during the commission of the crime. (C) Infliction of great bodily injury upon the person with a disability during the commission of the crime. (D) Conduct on the part of the defendant or defense counsel during the hearing or trial that causes the person with a disability to be unable to continue his or her testimony. (e) (1) The hearing on the motion brought pursuant to this subdivision shall be conducted out of the presence of the jury. (2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the person with a disability to testify at the hearing, nor shall the court deny the motion on the ground that the person with a disability has not testified. (3) In determining whether the impact on an individual person with a disability of one or more of the factors enumerated under paragraph (2) of subdivision (d) is so substantial that the person is unavailable as a witness unless the closed-circuit television procedure is employed, the court may question the person with a disability in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person described under paragraph (2) of subdivision (b), the prosecutor, and defense counsel present. At this time the court shall explain the process to the person with a disability. The defendant or defendants shall not be present; however, the defendant or defendants shall have the opportunity to contemporaneously observe the proceedings by closed-circuit television. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. (f) When the court orders the testimony of a victim who is a person with a disability to be taken in another place outside of the courtroom, the court shall do all of the following: (1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. (2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of ensuring the full participation of the victim who is a person with a disability by accommodating that individual’s disability. (3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. (4) Instruct the support person, if the person is part of the court’s accommodation of the disability, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the person with a disability. (5) Order that a complete record of the examination of the person with a disability, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant, and his or her attorney, during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the person with a disability. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (g) When the court orders the testimony of a victim who is a person with a disability to be taken in another place outside the courtroom, nothing in this section shall prohibit the court from ordering the victim to appear in the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. (h) The examination shall be under oath, and the defendant shall be able to see and hear the person with a disability. If two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the person with a disability. (i) Nothing in this section shall affect the disqualification of witnesses pursuant to Section 701 of the Evidence Code. (j) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. (k) This section shall not be construed to obviate the need to provide other accommodations necessary to ensure accessibility of courtrooms to persons with disabilities nor prescribe a lesser standard of accessibility or usability for persons with disabilities than that provided by Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and federal regulations adopted pursuant to that act. (l) The Judicial Council shall report to the Legislature, no later than two years after the enactment of this subdivision, on the frequency of the use and effectiveness of admitting the videotape of testimony by means of closed-circuit television. (Amended by Stats. 2018, Ch. 423, Sec. 98. (SB 1494) Effective January 1, 2019.)
  14. 1349.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

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    A defendant may have a material witness who lives out of state examined on the defendant’s behalf, but only as this chapter allows.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1349. When an issue of fact is joined upon an indictment or information, the defendant may have any material witness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise. (Amended by Stats. 1980, Ch. 676, Sec. 253.)
  15. 135.

    ## 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 willfully destroy, erase, or conceal certain evidence-related items when they know the items are about to be used in a lawful trial, inquiry, or investigation.

    ## 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. ) ## 135. A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent to prevent it or its content from being produced, is guilty of a misdemeanor. (Amended by Stats. 2015, Ch. 463, Sec. 1. (AB 256) Effective January 1, 2016.)
  16. 135.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 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 who knowingly alters, tampers with, conceals, or destroys relevant evidence in a disciplinary proceeding against a public safety officer, intending to harm that officer, commits a misdemeanor.

    ## 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. ) ## 135.5. Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against a public safety officer, for the purpose of harming that public safety officer, is guilty of a misdemeanor. (Added by Stats. 1998, Ch. 759, Sec. 1. Effective January 1, 1999.)
  17. 1350.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

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    If a material witness for the defendant lives out of state, the defendant may apply for an order to have the witness examined on commission.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1350. When a material witness for the defendant resides out of the State, the defendant may apply for an order that the witness be examined on a commission. (Enacted 1872.)
  18. 13500.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

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    The section creates the Commission on Peace Officer Standards and Training, sets who appoints and serves on it, and gives the commission authority to inspect and duplicate certain criminal justice information when needed for its duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission. (b) The commission shall be composed of the following members: (1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof. (2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police. (3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years’ experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code. (4) One member shall be an elected officer or chief administrative officer of a county in this state. (5) One member shall be an elected officer or chief administrative officer of a city in this state. (6) Two members shall be public members who shall not be peace officers. (7) One member shall be an educator or trainer in the field of criminal justice. (8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California. (c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas: (1) Implicit and explicit bias. (2) Cultural competency. (3) Mental health and policing. (4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities. (d) The Attorney General shall be an ex officio member of the commission. (e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. (f) Notwithstanding any other law, the commission is authorized to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission’s duties. (g) It is the intent of the Legislature in enacting subdivision (f) to recognize that the commission is considered a criminal justice agency under Section 13101 and may have access to information derived from criminal justice databases. (Amended by Stats. 2025, Ch. 32, Sec. 2. (AB 354) Effective July 14, 2025.)
  19. 13501.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

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    The Governor must designate the commission chair from among its members, and the commission must choose a vice chair annually.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13501. The Governor shall designate the chair of the commission from among the members of the commission. The person designated as the chair shall serve at the pleasure of the Governor. The commission shall annually select a vice chair from among its members. A majority of the members of the commission shall constitute a quorum. (Amended by Stats. 2016, Ch. 33, Sec. 35. (SB 843) Effective June 27, 2016.)
  20. 13502.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

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    Members of the commission get no compensation, but may be reimbursed for actual and necessary travel expenses incurred while performing their duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13502. Members of the commission shall receive no compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. For purposes of compensation, attendance at meetings of the commission shall be deemed performance by a member of the duties of his local governmental employment. (Added by Stats. 1959, Ch. 1823.)
  21. 13503.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

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    The commission has broad powers to manage its work, hire staff, contract for services, cooperate with agencies, investigate fitness for peace officer service, audit agencies, and take necessary actions to perform its duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13503. In carrying out its duties and responsibilities, the commission shall have all of the following powers: (a) To meet at those times and places as it may deem proper. (b) To employ an executive secretary and, pursuant to civil service, those clerical and technical assistants as may be necessary. (c) To contract with other agencies, public or private, or persons as it deems necessary, for the rendition and affording of those services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities. (d) To cooperate with and to secure the cooperation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and in performing its other functions. (e) To develop and implement programs to increase the effectiveness of law enforcement and when those programs involve training and education courses to cooperate with and secure the cooperation of state-level peace officers, agencies, and bodies having jurisdiction over systems of public higher education in continuing the development of college-level training and education programs. (f) To investigate and determine the fitness of any person to serve as a peace officer within the Peace Officer Standards and Training program or as defined in Section 13510.1 in the State of California. (g) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government. (h) To audit any law enforcement agency that employs peace officers described in subdivision (a) of Section 13510.1, without cause and at any time. (i) To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it. (Amended by Stats. 2021, Ch. 409, Sec. 6. (SB 2) Effective January 1, 2022.)
  22. 13503.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    Certain commission personnel and contractors with access to sensitive criminal history information must undergo fingerprint-based state and national background checks.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13503.1. (a) Commission employees, prospective employees, appointees, volunteers, contractors, and subcontractors, whose job duties require access to criminal offender record information as defined in Section 13102, state summary criminal history information as defined in Section 11105, or information obtained from the California Law Enforcement Telecommunications System, shall undergo a fingerprint-based state and national criminal history background check. (b) The commission shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state or federal level response pursuant to subdivision (l) of Section 11105. (Added by Stats. 2025, Ch. 32, Sec. 3. (AB 354) Effective July 14, 2025.)
  23. 13503.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The commission must send the Legislature an annual report on the effectiveness of certain additional funding for improving peace officer training, starting February 1, 2020.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13503.5. (a) Commencing February 1, 2020, and each year thereafter, the commission shall submit an annual report to the Legislature, in compliance with Section 9795 of the Government Code, on the overall effectiveness of any additional funding appropriated by the Legislature on or after July 1, 2019, in improving peace officer training. For the purpose of this section, “additional funding” does not include General Fund resources provided to backfill declines in non-General Fund revenue in the 2019 Budget Act. (b) At minimum, the reporting described in subdivision (a) shall include both of the following: (1) The number of peace officers trained by law enforcement agency, by course, and by how training was delivered. (2) The training provided and the descriptions of the training, including the duration of the training and the skills addressed in the training. (c) To the extent that information required in subdivision (b) is not yet available for a particular annual report, the commission shall report on how it plans to measure and report that information in the future. The commission also shall specify the date by which it anticipates that the information will be available for reporting. (Added by Stats. 2019, Ch. 25, Sec. 45. (SB 94) Effective June 27, 2019.)
  24. 13504.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The Attorney General must make DOJ personnel available to the commission, if that is compatible with other demands on those personnel.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13504. The Attorney General shall, so far as compatible with other demands upon the personnel in the Department of Justice, make available to the commission the services of such personnel to assist the commission in the execution of the duties imposed upon it by this chapter. (Added by Stats. 1959, Ch. 1823.)
  25. 13505.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

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    The commission should try to keep administration costs low so more funds can go to training and services for local law enforcement agencies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13505. In exercising its functions, the commission shall endeavor to minimize costs of administration so that a maximum of funds will be expended for the purpose of providing training and other services to local law enforcement agencies. All expenses shall be a proper charge against the revenue accruing under Article 3 (commencing with Section 13520). (Amended by Stats. 1985, Ch. 106, Sec. 112.)
  26. 13506.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The commission may adopt regulations needed to carry out 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 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13506. The commission may adopt those regulations as are necessary to carry out the purposes of this chapter. (Amended by Stats. 2021, Ch. 409, Sec. 7. (SB 2) Effective January 1, 2022.)
  27. 13507.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    This section defines “district” 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 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13507. As used in this chapter, “district” means any of the following: (a) A regional park district. (b) A district authorized by statute to maintain a police department. (c) The University of California. (d) The California State University and Colleges. (e) A community college district. (f) A school district. (g) A transit district. (h) A harbor district. (Amended by Stats. 1989, Ch. 950, Sec. 3.)
  28. 13507.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    This section defines “joint powers agency” 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 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13507.1. As used in this chapter, “joint powers agency” means any agency, entity, or authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. (Added by Stats. 2013, Ch. 59, Sec. 8. (SB 514) Effective January 1, 2014.)
  29. 13508.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The commission must create a learning technology laboratory, develop an implementation plan for law enforcement facilities and technology, and may enter joint powers agreements for needed technology and facilities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13508. (a) The commission shall do each of the following: (1) Establish a learning technology laboratory that would conduct pilot projects with regard to needed facilities and otherwise implement modern instructional technology to improve the effectiveness of law enforcement training. (2) Develop an implementation plan for the acquisition of law enforcement facilities and technology. In developing this plan, the commission shall consult with appropriate law enforcement and training organizations. The implementation plan shall include each of the following items: (A) An evaluation of pilot and demonstration projects. (B) Recommendations for the establishment of regional skills training centers, training conference centers, and the use of modern instructional technology. (C) A recommended financing structure. (b) The commission may enter into joint powers agreements with other governmental agencies for the purpose of developing and deploying needed technology and facilities. (c) Any pilot project conducted pursuant to this section shall terminate on or before January 1, 1995, unless funding is provided for the project continuation. (Amended by Stats. 2004, Ch. 193, Sec. 155. Effective January 1, 2005.)
  30. 13509.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    This section creates a Peace Officer Standards Accountability Division and requires it to review investigations, do additional investigations when necessary, report findings, and bring suspension or revocation proceedings when directed. The commission must also set complaint procedures.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13509.5. (a) There is within the commission a Peace Officer Standards Accountability Division, hereafter referred to in this chapter as the division. (b) The primary responsibilities of the division shall be to review investigations conducted by law enforcement agencies or any other investigative authority and to conduct additional investigations, as necessary, into serious misconduct that may provide grounds for suspension or revocation of a peace officer’s certification, present findings and recommendations to the board and commission, and bring proceedings seeking the suspension or revocation of certification of peace officers as directed by the board and commission pursuant to this chapter. (c) The division shall be staffed with a sufficient number of experienced and able employees that are capable of handling the most complex and varied types of decertification investigations, prosecutions, and administrative proceedings against peace officers. (d) The commission shall establish procedures for accepting complaints from members of the public regarding peace officers or law enforcement agencies that may be investigated by the division or referred to the peace officers’ employing agency or the Department of Justice. (Added by Stats. 2021, Ch. 409, Sec. 8. (SB 2) Effective January 1, 2022.)
  31. 13509.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The Governor must establish the Peace Officer Standards Accountability Advisory Board by January 1, 2023, and board members must complete a 40-hour decertification training course.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 1. Administration [13500 - 13509.6] ( Article 1 added by Stats. 1959, Ch. 1823. ) ## 13509.6. (a) No later than January 1, 2023, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as the board. (b) The purpose of the board shall be to make recommendations on the decertification of peace officers to the commission. (c) The protection of the public and all constitutional and statutory rights shall be the highest priority for the board as it upholds the standards for peace officers in California. (d) The board shall consist of nine members, as follows: (1) One member shall be a peace officer or former peace officer with substantial experience at a command rank, appointed by the Governor. (2) One member shall be a peace officer or former peace officer with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers, appointed by the Governor. (3) Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at nonprofit or academic institutions on issues related to police accountability. One of these members shall be appointed by the Governor and one by the Speaker of the Assembly. (4) Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at community-based organizations on issues related to police accountability. One of these members shall be appointed by the Governor and one by the Senate Rules Committee. (5) Two members shall be members of the public, who shall not be former peace officers, with strong consideration given to individuals who have been subject to wrongful use of force likely to cause death or serious bodily injury by a peace officer, or who are surviving family members of a person killed by the wrongful use of deadly force by a peace officer, appointed by the Governor. (6) One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving oversight of peace officers, appointed by the Governor. (e) Except as otherwise provided in subdivision (f), each member shall be appointed for a term of three years and shall hold office until the appointment of the member’s successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first. Vacancies occurring shall be filled by appointment for the unexpired term of a person with the same qualification for appointment as the person being replaced. No person shall serve more than two terms consecutively. The Governor shall remove from the board any peace officer member whose certification as a peace officer has been revoked. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause. (f) Of the members initially appointed to the board, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Successor appointments shall be made pursuant to subdivision (e). (g) The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall serve as chair of the board at the pleasure of the Governor. The board shall annually select a vice chair from among its members. A majority of the members of the board shall constitute a quorum. (h) Each member of the board shall receive a per diem of three hundred fifty dollars ($350) for each day actually spent in the discharge of official duties, including any required training and reasonable time spent in preparation for public hearings, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Upon request of a member based on financial necessity, the commission shall arrange and make direct payment for travel or other necessities rather than providing reimbursement. (i) All members of the board shall complete a 40-hour decertification training course, as developed by the commission, which shall include, but not be limited to, subjects regarding the decertification process, internal investigations, evidentiary standards, use of force standards and training, and local disciplinary processes. (Added by Stats. 2021, Ch. 409, Sec. 9. (SB 2) Effective January 1, 2022.)
  32. 1351.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

    Verify source ↗

    This section defines a commission as a court-issued process, signed by the clerk, that authorizes a commissioner to examine a witness under oath, take and certify the deposition, and return it as directed.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1351. A commission is a process issued under the seal of the Court and the signature of the Clerk, directed to some person designated as Commissioner, authorizing him to examine the witness upon oath on interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it according to the directions given with the commission. (Enacted 1872.)
  33. 13510.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must adopt minimum recruitment and training standards for specified local law enforcement officers and dispatchers, and local agencies may set stricter standards.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510. (a) (1) For the purpose of raising the level of competence of local law enforcement officers, the commission shall adopt, and may from time to time amend, rules establishing and upholding minimum standards relating to physical, mental, and moral fitness that shall govern the recruitment of any city police officers, peace officer members of a county sheriff’s office, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, or housing authority police departments. (2) The commission also shall adopt, and may from time to time amend, rules establishing minimum standards for training of city police officers, peace officer members of county sheriff’s offices, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, and housing authority police departments. (3) These rules shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter and shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The commission shall conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability. Job-related standards that are supported by this research shall be adopted by the commission prior to January 1, 1985, and shall apply to those peace officer classes identified in subdivision (a). The commission shall consult with local entities during the conducting of related research into job-related selection standards. (c) For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies described in subdivision (a), which standards shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter. These standards also shall apply to consolidated dispatch centers operated by an independent public joint powers agency established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code when providing dispatch services to the law enforcement personnel listed in subdivision (a). Those rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, “primary responsibility” refers to the performance of law enforcement dispatching duties for a minimum of 50 percent of the time worked within a pay period. (d) This section does not prohibit a local agency from establishing selection and training standards that exceed the minimum standards established by the commission. (Amended by Stats. 2021, Ch. 409, Sec. 11. (SB 2) Effective January 1, 2022.)
  34. 13510.06.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Information identifying a student's peace officer training test results is confidential and generally cannot be released to the public, except when Section 832.7 allows disclosure.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.06. Notwithstanding any other law, information that identifies the testing results of a particular student of a regular basic course of peace officer training is confidential and shall not be released to the public unless otherwise subject to disclosure under Section 832.7. (Added by Stats. 2019, Ch. 172, Sec. 2. (AB 332) Effective January 1, 2020.)
  35. 13510.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create and manage a certification program for specified peace officers, and agencies must generally use only currently certified officers, with limited provisional employment allowed.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.1. (a) The commission shall establish a certification program for peace officers described in Section 830.1, 830.2 with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program. A certificate or proof of eligibility issued pursuant to this section shall be considered the property of the commission. (b) Basic, intermediate, advanced, supervisory, management, and executive certificates shall be established for the purpose of fostering professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officer members of city police departments, county sheriffs’ departments, districts, university and state university and college departments, or by the California Highway Patrol. (c) (1) Certificates shall be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. (2) In determining whether an applicant for certification has the requisite education, the commission shall recognize as acceptable college education only the following: (A) Education provided by a community college, college, or university that has been accredited by the department of education of the state in which the community college, college, or university is located or by a recognized national or regional accrediting body. (B) Until January 1, 1998, educational courses or degrees provided by a nonaccredited but state-approved college that offers programs exclusively in criminal justice. (d) Persons who are determined by the commission to be eligible peace officers may make application for the certificates, provided they are employed by an agency that participates in the POST program. Any agency appointing an individual who does not already have a basic certificate as described in subdivision (a) and who is not eligible for a certificate shall make application for proof of eligibility within 10 days of appointment. (e) The commission shall assign each person who applies for or receives certification a unique identifier that shall be used to track certification status from application for certification through that person’s career as a peace officer. (f) Notwithstanding any other provision of law, the commission shall have the authority to suspend, revoke, or cancel any certification pursuant to this chapter. This authority extends to any certificate or proof of eligibility issued by the commission including, without limitation, any certificate or proof of eligibility that is invalid, inactive, expired, or canceled. (g) (1) An agency that employs peace officers described in subdivision (a) shall employ as a peace officer only individuals with current, valid certification pursuant to this section, except that an agency may provisionally employ a person for up to 24 months, pending certification by the commission, provided that the person has received a proof of eligibility and has not previously been certified or denied certification or had their certification revoked. (2) In accordance with subdivision (b) of Section 832.4, deputy sheriffs described in subdivision (c) of Section 830.1 shall obtain valid certification pursuant to this section upon reassignment from custodial duties to general law enforcement duties. (h) (1) Notwithstanding subdivision (d), the commission shall issue a basic certificate or proof of eligibility to any peace officer described in subdivision (a) who, on January 1, 2022, is eligible for a basic certificate or proof of eligibility but has not applied for a certification. (2) Commencing on January 1, 2023, any peace officer described in subdivision (a) who does not possess a basic certificate and who is not yet or will not be eligible for a basic certificate, shall apply to the commission for proof of eligibility. (i) As used in this chapter, “certification” means any and all valid and unexpired certificates issued pursuant to subdivision (b), including basic, intermediate, advanced, supervisory, management, and executive certificates or any proof of eligibility issued by the commission pursuant to this section. (Amended by Stats. 2023, Ch. 397, Sec. 1. (SB 449) Effective January 1, 2024.)
  36. 13510.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Knowingly misusing certificates, giving false evidence to the commission, or using a canceled certificate is a misdemeanor punishable by a fine, jail time, or both.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.2. Any person who knowingly commits any of the following acts is guilty of a misdemeanor, and for each offense is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail not to exceed one year, or by both a fine and imprisonment: (a) Presents or attempts to present as the person’s own the certificate of another. (b) Knowingly permits another to use his or her certificate. (c) Knowingly gives false evidence of any material kind to the commission, or to any member thereof, including the staff, in obtaining a certificate. (d) Uses, or attempts to use, a canceled certificate. (Added by Stats. 1984, Ch. 43, Sec. 3.)
  37. 13510.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must establish a voluntary professional certification program for law enforcement records supervisors by December 31, 1997.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.3. (a) The commission shall establish, by December 31, 1997, and in consultation with representatives of law enforcement organizations, a voluntary professional certification program for law enforcement records supervisors who have primary responsibility for providing records supervising services for local law enforcement agencies. The certificate or certificates shall be based upon standards related to the education, training, and experience of law enforcement records supervisors and shall serve to foster professionalism and recognition of achievement and competency. (b) As used in this section, “primary responsibility” refers to the performance of law enforcement records supervising duties for a minimum of 50 percent of the time worked within a pay period. (Added by Stats. 1996, Ch. 591, Sec. 1. Effective January 1, 1997.)
  38. 13510.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    A peace officer trainee who knowingly cheats, helps cheat, or hides cheating on a commission-mandated basic course exam can be fined up to $1,000 for each occurrence.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.4. (a) A peace officer trainee who, based on the commission’s investigative findings, knowingly cheats, assists in cheating, or aids, abets, or knowingly conceals efforts by others to cheat in any manner on a basic course examination mandated by the commission shall be liable for a civil fine of not more than one thousand dollars ($1,000) per occurrence. (b) For purposes of this section, “cheating” means any attempt or act by a peace officer trainee to gain an unfair advantage or give an unfair advantage to another peace officer trainee or group of trainees taking a POST-mandated basic course examination. (c) For purposes of this section, “peace officer trainee” means an applicant for a basic course examination who has not been hired by a department or agency and who has not been sworn as a peace officer. (Added by Stats. 2012, Ch. 372, Sec. 1. (AB 2285) Effective January 1, 2013.)
  39. 13510.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must adopt rules setting minimum training standards for certain peace officers and may later amend those rules.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.5. For the purpose of maintaining the level of competence of state law enforcement officers, the commission shall adopt, and may, from time to time amend, rules establishing minimum standards for training of peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who are employed by any railroad company, the University of California police department, a California State University police department, the Department of Alcoholic Beverage Control, the Division of Investigation of the Department of Consumer Affairs, the Wildlife Protection Branch of the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, including the Office of the State Fire Marshal, the Department of Motor Vehicles, the California Horse Racing Board, the Food and Drug Section of the State Department of Public Health, the Division of Labor Standards Enforcement, the Director of Parks and Recreation, the State Department of Health Care Services, the Department of Toxic Substances Control, the State Department of Social Services, the State Department of State Hospitals, the State Department of Developmental Services, the Office of Statewide Health Planning and Development, and the Department of Justice. All rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2015, Ch. 303, Sec. 408. (AB 731) Effective January 1, 2016.)
  40. 13510.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must define “biased conduct,” and law enforcement agencies must use that definition when investigating bias-related complaints or incidents. The commission must also issue guidance on screening officer applicants’ internet and social media activity.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.6. (a) The commission shall establish a definition of “biased conduct” that, at a minimum, includes all of the following: (1) Biased conduct includes any conduct, including, but not limited to, conduct online, such as social media use, engaged in by a peace officer in any encounter with the public, first responders, or employees of criminal justice agencies, as defined in Section 13101, motivated by bias toward any person’s protected class or characteristic, whether actual or perceived, that is described in subdivision (b) of Section 51 of the Civil Code. (2) Biased conduct may result from implicit and explicit biases. (3) Conduct is biased if a reasonable person with the same training and experience would conclude, based upon the facts, that the officer’s conduct resulted from bias towards that person’s membership in a protected class described in paragraph (1). (4) An officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct. (b) When investigating any bias-related complaint or incident that involves possible indications of officer bias, a law enforcement agency shall determine whether the conduct being investigated constitutes “biased conduct,” using the definition developed by the commission in accordance with subdivision (a). (c) The commission shall develop guidance for local law enforcement departments on performing effective internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. (d) In the investigation of any complaint involving any law enforcement activity described in subdivision (e) of Section 13519.4, the investigating law enforcement agency shall determine if racial profiling, as defined in that section, occurred. (e) This section shall become operative on January 1, 2026. (Added by Stats. 2023, Ch. 439, Sec. 1. (AB 443) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)
  41. 13510.7.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must record and notify when a person is found ineligible to be a peace officer, and the person must tell the commission in writing and provide court documents in certain appeal or reversal situations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.7. (a) Whenever any person holding a certificate issued pursuant to Section 13510.1 is determined to be disqualified from holding office or being employed as a peace officer for the reasons set forth in subdivision (a) of Section 1029 of the Government Code, the commission shall cause the following to be entered in the commission’s training record for that person: “THIS PERSON IS INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 1029(a).” (b) Whenever any person who is required to possess a basic certificate issued by the commission pursuant to Section 832.4 or who is subject to subdivision (a) of Section 13510.1 is determined to be disqualified from holding office or being employed as a peace officer for the reasons set forth in subdivision (a) of Section 1029 of the Government Code, the commission shall notify the law enforcement agency that employs the person that the person is ineligible to be a peace officer in California pursuant to subdivision (a) of Section 1029 of the Government Code. (c) After the time for filing a notice of appeal has passed, or where the remittitur has been issued following the filing of a notice of appeal, in a criminal case establishing the ineligibility of a person to be a peace officer as specified in subdivision (b), or in the event a conviction of the offense requiring or accompanying ineligibility is subsequently overturned or reversed by the action of a court of competent jurisdiction, the person shall notify the commission in writing and provide documentation of the court’s action. (d) Upon written request of a person who is eligible for reinstatement pursuant to paragraph (2) of subdivision (b) of Section 1029 of the Government Code because of successful completion of probation pursuant to Section 1210.1 of the Penal Code, and who has provided court documentation that he or she has had eligibility restored, the commission shall remove the notation “THIS PERSON IS INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 1029(a)” in the commission’s training record for that person. The removal of this notation of ineligibility in the person’s training record shall not create a mandate that the person be hired by any agency. (Amended by Stats. 2024, Ch. 80, Sec. 105. (SB 1525) Effective January 1, 2025.)
  42. 13510.8.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    This section requires the commission to revoke, and in some cases may suspend or cancel, a peace officer’s certification based on ineligibility, serious misconduct, or fraud, and it sets rules for investigations, temporary suspension, and record retention.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.8. (a) (1) The commission shall revoke the certification of a certified peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. (2) The commission may suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer for, or has, while employed as a peace officer, otherwise engaged in, any serious misconduct as described in subdivision (b). (3) The commission may cancel the certificate or proof of eligibility of a peace officer if the commission determines that there was fraud or misrepresentation made by an applicant at any time during the application process that resulted in the issuance of the certification. (b) By January 1, 2023, the commission shall adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or revocation of, certification. This definition shall include all of the following: (1) Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct. (2) Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest. (3) Physical abuse, including, but not limited to, the excessive or unreasonable use of force. (4) Sexual assault, as described in subdivision (b) of Section 832.7. (5) Demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph does not limit an employee’s rights under the First Amendment to the United States Constitution. (6) Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission. (7) Participation in a law enforcement gang. For the purpose of this paragraph, a “law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the group. (8) Failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to this chapter. For purposes of this paragraph, the lawful exercise of rights granted under the United States Constitution, the California Constitution, or any other law shall not be considered a failure to cooperate. (9) Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. (c) (1) Beginning no later than January 1, 2023, each law enforcement agency shall be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status. (2) The division shall promptly review any grounds for decertification described in subdivision (a) received from an agency. The division shall have the authority to review any agency or other investigative authority file, as well as to conduct additional investigation, if necessary. The division shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System and any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure when that information is included as part of an investigation involving a matter within the commission’s jurisdiction. The division shall only have authority to review and investigate allegations for purposes of decertification. (3) (A) The board, in their discretion, may request that the division review an investigative file or recommend that the commission direct the division to investigate any potential grounds for decertification of a peace officer. Those requests and recommendations from the board to the division or commission must be based upon a decision by a majority vote. (B) The commission, in its discretion, may direct the division to review an investigative file. The commission, either upon its own motion or in response to a recommendation from the board, may direct the division to investigate any potential grounds for decertification of a peace officer. (C) The division, in its discretion, may investigate without the request of the commission or board any potential grounds for revocation of certification of a peace officer. (4) The division, in carrying out any investigation initiated pursuant to this section or any other duty shall have all of the powers of investigation granted pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (5) Notwithstanding any other law, the investigation shall be completed within three years after the receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency pursuant to Section 13510.9, however, no time limit shall apply if a report of the conduct was not made to the commission. An investigation shall be considered completed upon a notice of intent to deny, suspend, or revoke certification issued pursuant to paragraph (1) of subdivision (a) of Section 13510.85. The time limit shall be tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding or during any criminal prosecution of the peace officer. The commission shall consider the peace officer’s prior conduct and service record, and any instances of misconduct, including any incidents occurring beyond the time limitation for investigation in evaluating whether to revoke certification for the incident under investigation. (6) An action by an agency or decision resulting from an appeal of an agency’s action does not preclude action by the commission to investigate, suspend, or revoke a peace officer’s certification pursuant to this section. Whether a particular factual or legal determination in a prior appeal proceeding shall have preclusive effect in proceedings under this chapter shall be governed by the existing law of collateral estoppel. (d) Upon arrest or indictment of a peace officer for any crime described in Section 1029 of the Government Code, or discharge from any law enforcement agency for grounds set forth in subdivision (a), or separation from employment of a peace officer during a pending investigation into allegations of serious misconduct, the executive director shall order the immediate temporary suspension of any certificate or proof of eligibility held by that peace officer upon the determination by the executive director that the temporary suspension is in the best interest of the health, safety, or welfare of the public. The order of temporary suspension shall be made in writing and shall specify the basis for the executive director’s determination. Following the issuance of a temporary suspension order, proceedings of the commission in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in this section. The temporary suspension shall continue in effect until issuance of the final decision on revocation pursuant to this section or until the order is withdrawn by the executive director. (e) Records of an investigation of any person by the commission shall be retained for 30 years following the date that the investigation is deemed concluded by the commission. The commission may destroy records prior to the expiration of the 30-year retention period if the subject is deceased and no action upon the complaint was taken by the commission beyond the commission’s initial intake of the complaint. (f) Any peace officer may voluntarily surrender their certification permanently. Voluntary permanent surrender of certification pursuant to this subdivision shall have the same effect as revocation. Voluntary permanent surrender is not the same as placement of a valid certification into inactive status during a period in which a person is not actively employed as a peace officer. A permanently surrendered certification cannot be reactivated. (g) (1) The commission may initiate proceedings to revoke or suspend a peace officer’s certification for conduct that occurred before January 1, 2022, only for either of the following: (A) Serious misconduct pursuant to paragraph (1) or (4) of subdivision (b) or pursuant to paragraph (3) of subdivision (b) for the use of deadly force that results in death or serious bodily injury. (B) If the employing agency makes a final determination regarding its investigation of the misconduct after January 1, 2022. (2) Nothing in this subdivision prevents the commission from considering the peace officer’s prior conduct and service record in determining whether suspension or revocation is appropriate for serious misconduct. (h) (1) A revocation of certification shall not be undertaken pursuant to this section because of a court finding made in a challenge brought pursuant to Section 745. (2) This subdivision does not prohibit revocation based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745, if the revocation otherwise conforms to all the rules and procedures applicable to those proceedings, and the officer is accorded all due process protections provided in those proceedings. (Amended by Stats. 2025, Ch. 784, Sec. 5. (SB 734) Effective January 1, 2026.)
  43. 13510.85.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Sets out the review, hearing, and publication process for peace officer decertification decisions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.85. (a) (1) When, upon the completion of a serious misconduct investigation conducted pursuant to subdivision (c) of Section 13510.8, the division finds reasonable grounds for the denial, revocation, or suspension of a peace officer’s certification, it shall take the appropriate steps to promptly notify the peace officer involved, in writing, of its determination and reasons therefore, and shall provide the peace officer with a detailed explanation of the decertification procedure and the peace officer’s rights to contest and appeal. (2) Upon notification, the peace officer may, within 30 days, file a request for a review of the determination by the board and commission. If the peace officer does not file a request for review within 30 days, the peace officer’s certification shall be suspended or revoked, consistent with the division’s determination, without further proceedings. If the peace officer files a timely review, the board shall schedule the case for hearing. (3) The board shall meet as required to conduct public hearings, but no fewer than four times per year. (4) At each public hearing, the board shall review the findings of investigations presented by the division pursuant to paragraph (1) and shall make a recommendation on what action should be taken on the certification of the peace officer involved. The board shall only recommend revocation if the factual basis for revocation is established by clear and convincing evidence. If the board determines that the facts and circumstances revealed by the investigation warrant a sanction other than revocation, it may recommend that a peace officer’s certification be suspended for a period of time. The board shall issue a written decision explaining its reasons for decertification or suspension. (5) The commission shall review all recommendations made by the board. The commission’s decision to adopt a recommendation by the board to seek revocation shall require a two-thirds vote of commissioners present and shall be based on whether the record, in its entirety, supports the board’s conclusion that serious misconduct has been established by clear and convincing evidence. In any case in which the commission reaches a different determination than the board’s recommendation, it shall set forth its analysis and reasons for reaching a different determination in writing. (6) The commission shall return any determination requiring action to be taken against an individual’s certification to the division, which shall initiate proceedings for a formal hearing before an administrative law judge in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), which shall be subject to judicial review as set forth in that act. (b) Notwithstanding Section 832.7, the hearings of the board and the review by the commission under this section, administrative adjudications held pursuant to paragraph (6) of subdivision (a), and any records introduced during those proceedings, shall be public. These public records may, in the discretion of the division, be redacted for the reasons set forth in paragraphs (6) and (7) of subdivision (b) of Section 832.7. This subdivision does not preclude the board or the commission, or both, from reviewing the unredacted versions of these records in closed session and using them as the basis for any action taken. (c) The commission shall publish the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation and shall notify the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training of the suspension or revocation. (Amended by Stats. 2023, Ch. 397, Sec. 3. (SB 449) Effective January 1, 2024.)
  44. 13510.9.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Agencies employing peace officers must report specified events to the commission, keep certain investigation records available, and follow separation and disclosure rules.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13510.9. (a) Beginning January 1, 2023, any agency employing peace officers shall report to the commission within 10 days, in a form specified by the commission, any of the following events: (1) The employment, appointment, or termination or separation from employment or appointment, by that agency, of any peace officer. Separation from employment or appointment includes any involuntary termination, resignation, or retirement. (2) Any complaint, charge, or allegation of conduct against a peace officer employed by that agency that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8. (3) Any finding or recommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief, or civilian inspector general, that a peace officer employed by that agency engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8. (4) The final disposition of any investigation that determines a peace officer engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8, regardless of the discipline imposed. (5) Any civil judgment or court finding against a peace officer based on conduct, or settlement of a civil claim against a peace officer or an agency based on allegations of officer conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8. (b) By July 1, 2023, any agency employing peace officers shall report to the commission any events described in subdivision (a) that occurred between January 1, 2020, and January 1, 2023. (c) (1) An agency employing peace officers shall make available for inspection or duplication by the commission any investigation into any matter reported pursuant to paragraph (2) of subdivision (a), including any physical or documentary evidence, witness statements, analysis, and conclusions, for no less than two years after reporting of the finding or recommendation reported pursuant to paragraph (3) of subdivision (a), the final disposition of the investigation reported pursuant to paragraph (4) of subdivision (a), or the civil judgment or court finding reported pursuant to paragraph (5) of subdivision (a), as applicable, whichever is latest. (2) Notwithstanding any other law, the commission shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure, when that information is included as part of an investigation involving a matter within the commission’s jurisdiction. (d) (1) In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission describing the reason for separation and shall include whether the separation is part of the resolution or settlement of any criminal, civil, or administrative charge or investigation. The affidavit shall be signed under penalty of perjury and submitted to the commission. (2) A peace officer who has separated from employment or appointment shall be permitted to respond to the affidavit-of-separation form, in writing, to the commission, setting forth their understanding of the facts and reasons for the separation, if different from those provided by the agency. (3) Before employing or appointing any peace officer who has previously been employed or appointed as a peace officer by another agency, the agency shall contact the commission to inquire as to the facts and reasons a peace officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency any information regarding the separation in its possession. (4) Civil liability shall not be imposed on either a law enforcement agency or the commission, or any of the agency’s or commission’s agents, for providing information pursuant to this section in a good faith belief that the information is accurate. (e) (1) An agency employing a peace officer shall not enter into an agreement with a peace officer that requires any of the following: (A) The agency to destroy, remove, or conceal a record of a misconduct investigation. (B) The agency to halt or make particular findings in a misconduct investigation. (C) The agency to otherwise restrict the disclosure of information about an allegation or investigation of misconduct pursuant to any provision of law, including, but not limited to, this section, or Sections 832.7, 832.12, 1054.1, 13510.8, or 13510.85 of this code. (2) A provision of an agreement inconsistent with this subdivision is contrary to law and public policy and is void and unenforceable. (f) The commission shall maintain the information reported pursuant to this section, in a form determined by the commission, and in a manner that may be accessed by the subject peace officer, any employing law enforcement agency of that peace officer, any law enforcement agency that is performing a preemployment background investigation of that peace officer, or the commission when necessary for the purposes of decertification. This information may be withheld from the subject peace officer if the commission determines that disclosure pursuant to this section may jeopardize an ongoing investigation, put a victim or witness at risk of any form of harm or injury, or may otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure, until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. Information that the commission releases to an agency pursuant to this section that has been withheld from the subject peace officer shall be kept confidential by the receiving agency. (g) (1) The commission shall notify the head of the agency that employs the peace officer of all of the following: (A) The initiation of any investigation of that peace officer by the division, unless that notification would interfere with the investigation. (B) A finding by the division, following an investigation or review of the investigation, of grounds to take action against the peace officer’s certification or application. (C) A final determination by the commission as to whether action should be taken against a peace officer’s certification or application. (D) An adjudication, after hearing, resulting in action against an officer’s certification or application. (2) If the certificate of a peace officer is temporarily suspended pursuant to subdivision (d) of Section 13510.8, or revoked, the commission shall also notify the district attorney of the county in which the peace officer is or was employed of this fact. (3) Each notification required by this subdivision shall include the name of the peace officer and a summary of the basis for the action requiring notification. (Amended by Stats. 2025, Ch. 729, Sec. 3. (AB 1388) Effective January 1, 2026.)
  45. 13511.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must allow required training at commission-approved institutions, adopt regulations for alternative ways to meet training requirements when prior comparable training exists, and charge a fee to cover testing administrative costs.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13511. (a) In establishing standards for training, the commission shall, so far as consistent with the purposes of this chapter, permit required training to be obtained at institutions approved by the commission. (b) In those instances where individuals have acquired prior comparable peace officer training, the commission shall, adopt regulations providing for alternative means for satisfying the training required by Section 832.3. The commission shall charge a fee to cover administrative costs associated with the testing conducted under this subdivision. (Amended by Stats. 2000, Ch. 354, Sec. 1. Effective January 1, 2001.)
  46. 13511.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The Chancellor’s office must, with stakeholders, submit a report by June 1, 2023 about implementing a modern policing degree program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13511.1. (a) The commission, stakeholders from law enforcement, including representatives of law enforcement administration and law enforcement employees, the California State University, including administration and faculty members, and community organizations shall serve as advisors to the office of the Chancellor of the California Community Colleges to develop a modern policing degree program. By June 1, 2023, the office of the Chancellor of the California Community Colleges, in consultation with the stakeholders, shall submit a report on recommendations to the Legislature outlining a plan to implement this program. The recommendations in the report shall: (1) Focus on courses pertinent to law enforcement, which shall include, but not be limited to, psychology, communications, history, ethnic studies, law, and those determined to develop necessary critical thinking skills and emotional intelligence. (2) Include allowances for prior law enforcement experience, and appropriate work experience, postsecondary education experience, or military experience to satisfy a portion of the employment eligibility requirements. (A) It is the intent of the Legislature that allowances for prior experience in this paragraph for those with military experience may be provided to those with military specializations pertinent to law enforcement, including those specializations in community relations, deescalation, foreign language translators, and those determined to require necessary critical thinking skills and emotional intelligence. (B) It is the intent of the Legislature that allowances for prior experience specified in this paragraph shall be granted to those of good moral character, and shall not be granted to those with prior sustained disciplinary actions taken against them, except that the Commission on Peace Officer Standards and Training may, after considering the severity of the sustained misconduct or violation, grant a partial allowance. (3) Include both the modern policing degree program and bachelor’s degree in the discipline of their choosing as minimum education requirements for employment as a peace officer. (4) Include recommendations to adopt financial assistance for students of historically underserved and disadvantaged communities with barriers to higher education access that fulfill the minimum education requirements to be adopted, pursuant to this section, for employment as a peace officer. (b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2025, Ch. 218, Sec. 1. (SB 385) Effective October 1, 2025.)
  47. 13511.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission may evaluate and approve prior law enforcement training, and those evaluations must follow the standards in 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 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13511.3. The commission may evaluate and approve pertinent training previously completed by any jurisdiction’s law enforcement officers as meeting current training requirements prescribed by the commission pursuant to this chapter. The evaluations performed by the commission shall conform to the standards established under this chapter. (Added by Stats. 1994, Ch. 43, Sec. 2. Effective January 1, 1995.)
  48. 13511.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Some applicants for firearm-related peace officer training must provide written DOJ certification showing they are eligible to possess, receive, own, and purchase a firearm.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13511.5. Each applicant for admission to a basic course of training certified by the Commission on Peace Officer Standards and Training that includes the carrying and use of firearms, as prescribed by subdivision (a) of Section 832 and subdivision (a) of Section 832.3, who is not sponsored by a local or other law enforcement agency, or is not a peace officer employed by a state or local agency, department, or district, shall be required to submit written certification from the Department of Justice pursuant to Sections 11122, 11123, and 11124 that the applicant is eligible to possess, receive, own, and purchase a firearm pursuant to state and federal law. (Amended by Stats. 2024, Ch. 495, Sec. 12. (SB 1518) Effective January 1, 2025.)
  49. 13512.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must investigate whether covered local agencies receiving state aid are following certification-related standards, and the board must prepare an annual report on peace officer certification activities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13512. (a) The commission shall make such inquiries as may be necessary to determine whether every city, county, city and county, and district receiving state aid pursuant to this chapter is adhering to the standards for recruitment, training, certification, and reporting established pursuant to this chapter. (b) The board shall prepare an annual report on the activities of the commission, board, division, and subject agencies regarding peace officer certification under this chapter. The report shall include, without limitation, all of the following: (1) The number of applications for certification and the number of certifications granted or denied. (2) The number of events reported pursuant to paragraphs (1) to (5), inclusive, of subdivision (a) of Section 13510.9. (3) The criteria and process for review and investigation by the division, the number of reviews, and the number of investigations conducted by the division. (4) The number of notices sent by the division pursuant to paragraph (1) of subdivision (a) of Section 13510.85, the number of requests for review received, and the number of suspensions or revocations or denials made pursuant to paragraph (2) of subdivision (a) of Section 13510.85. (5) The number of review hearings held by the board and commission and the outcomes of those review hearings. (6) The number of administrative hearings held on suspensions or revocations and the number of suspensions or revocations resulting from those hearings. (7) Any cases of judicial review of commission actions on suspension or revocation and the result of those cases. (8) The number of certifications voluntarily surrendered and the number placed on inactive status. (9) Any compliance audits or reviews conducted pursuant to this chapter and the results of those audits. (10) Any other information the board deems relevant to evaluating the functioning of the certification program, the decertification process, and the staffing levels of the division. (Amended by Stats. 2021, Ch. 409, Sec. 16. (SB 2) Effective January 1, 2022.)
  50. 13513.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    On request, the commission must provide counseling to a local jurisdiction and may help it improve police agency administration, management, or operations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13513. Upon the request of a local jurisdiction, the commission shall provide a counseling service to such local jurisdiction for the purpose of improving the administration, management or operations of a police agency and may aid such jurisdiction in implementing improved practices and techniques. (Added by Stats. 1967, Ch. 1640.)
  51. 13514.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must prepare a training course for peace officers on the use of tear gas.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13514. The commission shall prepare a course of instruction for the training of peace officers in the use of tear gas. Such course of instruction may be given, upon approval by the commission, by any agency or institution engaged in the training or instruction of peace officers. (Added by Stats. 1969, Ch. 1231.)
  52. 13514.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create and share SWAT training guidelines and standardized recommendations by July 1, 2005.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13514.1. (a) On or before July 1, 2005, the commission shall develop and disseminate guidelines and standardized training recommendations for all law enforcement officers, supervisors, and managers whose agency assigns them to perform, supervise, or manage Special Weapons and Tactics (SWAT) operations. The guidelines and standardized training recommendations shall be available for use by law enforcement agencies that conduct SWAT operations. (b) The training and guidelines shall be developed in consultation with law enforcement officers, the Attorney General’s office, supervisors, and managers, SWAT trainers, legal advisers, and others selected by the commission. Development of the training and guidelines shall include consideration of the recommendations contained in the Attorney General’s Commission on Special Weapons and Tactics (S.W.A.T.) Final Report of 2002. (c) The standardized training recommendations shall at a minimum include initial training requirements for SWAT operations, refresher or advanced training for experienced SWAT members, and supervision and management of SWAT operations. (d) The guidelines shall at minimum address legal and practical issues of SWAT operations, personnel selection, fitness requirements, planning, hostage negotiation, tactical issues, safety, rescue methods, after-action evaluation of operations, logistical and resource needs, uniform and firearms requirements, risk assessment, policy considerations, and multijurisdictional SWAT operations. The guidelines may also address tactical casualty care. (e) The guidelines shall provide procedures for approving the prior training of officers, supervisors, and managers that meet the standards and guidelines developed by the commission pursuant to this section, in order to avoid duplicative training. (Amended by Stats. 2014, Ch. 668, Sec. 5. (AB 1598) Effective January 1, 2015.)
  53. 13514.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create civil-disobedience training for law enforcement officers, adopt related guidelines, and review existing training programs; officers who trained before July 1, 1999 may take supplementary training.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13514.5. (a) The commission shall implement on or before July 1, 1999, a course or courses of instruction for the training of law enforcement officers in the handling of acts of civil disobedience and adopt guidelines that may be followed by police agencies in responding to acts of civil disobedience. (b) The course of training for law enforcement officers shall include adequate consideration of all of the following subjects: (1) Reasonable use of force. (2) Dispute resolution. (3) Nature and extent of civil disobedience, whether it be passive or active resistance. (4) Media relations. (5) Public and officer safety. (6) Documentation, report writing, and evidence collection. (7) Crowd control. (c) (1) All law enforcement officers who have received their basic training before July 1, 1999, may participate in supplementary training on responding to acts of civil disobedience, as prescribed and certified by the commission. (2) Law enforcement agencies are encouraged to include, as part of their advanced officer training program, periodic updates and training on responding to acts of civil disobedience. The commission shall assist these agencies where possible. (d) (1) The course of instruction, the learning and performance objectives, the standards for the training and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having expertise in responding to acts of civil disobedience. The groups and individuals shall include, but not be limited to, law enforcement agencies, police academy instructors, subject matter experts and members of the public. Different regional interests such as rural, suburban, and urban interests may be represented by the participating parties. (2) The commission, in consultation with the groups and individuals described in paragraph (1), shall review existing training programs to determine in what ways civil disobedience training may be included as part of ongoing programs. (e) As used in this section, “law enforcement officer” means any peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3. (f) It is the intent of the Legislature in enacting this section to provide law enforcement officers with additional training so as to control acts of civil disobedience with reasonable use of force and to ensure public and officer safety with minimum disruption to commerce and community affairs. (g) It is also the intent of the Legislature in enacting this section that the guidelines to be developed by the commission should take into consideration the roles and responsibilities of all law enforcement officers responding to acts of civil disobedience. (Added by Stats. 1998, Ch. 207, Sec. 1. Effective January 1, 1999.)
  54. 13515.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Certain city police officers and deputy sheriffs must complete certified elder and dependent adult abuse training within 18 months of assignment to field duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515. (a) Every city police officer or deputy sheriff at a supervisory level and below who is assigned field or investigative duties shall complete an elder and dependent adult abuse training course certified by the Commission on Peace Officer Standards and Training within 18 months of assignment to field duties. Completion of the course may be satisfied by telecourse, video training tape, or other instruction. The training, at a minimum, shall include all of the following subjects: (1) Relevant laws. (2) Recognition of elder and dependent adult abuse. (3) Reporting requirements and procedures. (4) Neglect of elders and dependent adults. (5) Fraud of elders and dependent adults. (6) Physical abuse of elders and dependent adults. (7) Psychological abuse of elders and dependent adults. (8) The role of the local adult protective services and public guardian offices. (9) The legal rights of, and remedies available to, victims of elder or dependent adult abuse pursuant to Section 15657.03 of the Welfare and Institutions Code, including emergency protective orders and the option to request a simultaneous move-out order, and temporary restraining orders. (b) When producing new or updated training materials pursuant to this section, the commission shall consult with the Division of Medi-Cal Fraud and Elder Abuse, local adult protective services offices, the Office of the State Long-Term Care Ombudsman, and other subject matter experts. Any new or updated training materials shall address all of the following: (1) The jurisdiction and responsibility of law enforcement agencies pursuant to Section 368.5. (2) The fact that the protected classes of “dependent person” as defined in Section 288 and “dependent adult” as defined in Section 368 include many persons with disabilities, regardless of the fact that most of those persons live independently. (3) Other relevant information and laws. (c) The commission also may inform the law enforcement agencies of other relevant training materials. (Amended by Stats. 2021, Ch. 554, Sec. 9. (SB 823) Effective January 1, 2022.)
  55. 13515.25.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create and keep updated a classroom training course on interacting with persons with mental disabilities, and make it available to California law enforcement agencies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.25. (a) The Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education classroom training course relating to law enforcement interaction with persons with mental disabilities. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to persons with mental disabilities. The commission shall make the course available to law enforcement agencies in California. (b) The course described in subdivision (a) shall consist of classroom instruction and shall utilize interactive training methods to ensure that the training is as realistic as possible. The course shall include, at a minimum, core instruction in all of the following: (1) The cause and nature of mental illnesses and developmental disabilities. (2) How to identify indicators of mental disability and how to respond appropriately in a variety of common situations. (3) Conflict resolution and de-escalation techniques for potentially dangerous situations involving a person with a mental disability. (4) Appropriate language usage when interacting with a person with a mental disability. (5) Alternatives to lethal force when interacting with potentially dangerous persons with mental disabilities. (6) Community and state resources available to serve persons with mental disabilities and how these resources can be best utilized by law enforcement to benefit the mentally disabled community. (7) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1. (c) The course described in subdivision (a) shall be shared with the State Fire Marshal, who may revise the course as appropriate to the firefighter training environment. (d) The Legislature encourages law enforcement agencies to include the course created in this section, and any other course certified by the commission relating to persons with mental disabilities, as part of their advanced officer training program. (e) It is the intent of the Legislature to reevaluate the extent to which law enforcement officers are receiving adequate training in how to interact with persons with mental disabilities. (Amended by Stats. 2016, Ch. 367, Sec. 1. (SB 1221) Effective January 1, 2017.)
  56. 13515.26.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must review and update training on mental illness, intellectual disability, and substance use disorders, and the course must be at least 15 hours.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.26. (a) The commission shall review the training module in the regular basic course relating to persons with a mental illness, intellectual disability, or substance use disorder, and analyze existing training curricula in order to identify areas where additional training is needed to better prepare law enforcement to effectively address incidents involving mentally disabled persons. (b) Upon identifying what additional training is needed, the commission shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disability, and substance use disorders, and with appropriate consumer and family advocate groups. (c) The training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: (1) Recognizing indicators of mental illness, intellectual disability, and substance use disorders. (2) Conflict resolution and de-escalation techniques for potentially dangerous situations. (3) Use of force options and alternatives. (4) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. (5) Mental health resources available to the first responders to events that involve mentally disabled persons. (d) The course of instruction shall be at least 15 hours, and shall include training scenarios and facilitated learning activities relating to law enforcement interaction with persons with mental illness, intellectual disability, and substance use disorders. (e) The course shall be presented within the existing hours allotted for the regular basic course. (f) The commission shall implement this section on or before August 1, 2016. (Amended by Stats. 2025, Ch. 241, Sec. 54. (SB 857) Effective January 1, 2026.)
  57. 13515.27.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create, maintain, and provide a continuing classroom-based training course on behavioral health and law enforcement interactions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.27. (a) The commission shall establish and keep updated a classroom-based continuing training course that includes instructor-led active learning, such as scenario-based training, relating to behavioral health and law enforcement interaction with persons with mental illness, intellectual disability, and substance use disorders. (b) This course shall be at least three consecutive hours, may include training scenarios and facilitated learning activities, shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: (1) The cause and nature of mental illness, intellectual disability, and substance use disorders. (2) Indicators of mental illness, intellectual disability, and substance use disorders. (3) Appropriate responses to a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders. (4) Conflict resolution and de-escalation techniques for potentially dangerous situations. (5) Appropriate language usage when interacting with potentially emotionally distressed persons. (6) Resources available to serve persons with mental illness or intellectual disability. (7) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. (c) The course described in subdivisions (a) and (b) shall be made available by the commission to each law enforcement officer with a rank of supervisor or below and who is assigned to patrol duties or to supervise officers who are assigned to patrol duties. (d) The commission shall implement this section on or before August 1, 2016. (Amended by Stats. 2025, Ch. 241, Sec. 55. (SB 857) Effective January 1, 2026.)
  58. 13515.28.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must require certain field training officers to complete at least 8 hours of crisis intervention behavioral health training, with specified exceptions, and agencies may require extra or earlier training.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.28. (a) (1) The commission shall require the field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This course shall include classroom instruction and instructor-led active learning, such as scenario-based training, and shall be taught in segments that are at least four hours long. (2) If a field training officer has completed eight hours of crisis intervention behavioral health training within the past 24 months, or if a field training officer has completed 40 hours of crisis intervention behavioral health training, the requirement described in paragraph (1) shall not apply. (b) The crisis intervention behavioral health training shall address issues relating to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: (1) The cause and nature of mental illnesses and intellectual disabilities. (2) (A) How to identify indicators of mental illness, intellectual disability, and substance use disorders. (B) How to distinguish between mental illness, intellectual disability, and substance use disorders. (C) How to respond appropriately in a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders. (3) Conflict resolution and de-escalation techniques for potentially dangerous situations. (4) Appropriate language usage when interacting with potentially emotionally distressed persons. (5) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. (6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. (c) Field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention behavioral health training within 180 days of assignment or appointment. (d) This section does not prevent an agency from requiring its field training officers to complete additional hours of crisis intervention behavioral health training or requiring its field training officers to complete that training earlier than as required by this section. (Amended by Stats. 2025, Ch. 241, Sec. 56. (SB 857) Effective January 1, 2026.)
  59. 13515.29.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must maintain a field training officer course on interacting with persons with mental illness or intellectual disability, and prospective field training officers must complete it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.29. (a) The commission shall establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. (b) This course shall consist of at least four hours of classroom instruction and instructor-led active learning, such as scenario-based training, shall address issues related to stigma, and shall be culturally relevant and appropriate. (c) All prospective field training officers shall complete the course described in subdivisions (a) and (b) as part of the existing field training officer program. (d) The commission shall implement the provisions of this section on or before August 1, 2016. (Added by Stats. 2015, Ch. 469, Sec. 2. (SB 29) Effective January 1, 2016.)
  60. 13515.295.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must review and evaluate training competencies by May 1, 2016, and then update training when needed. The training must cover mental health and related response topics.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.295. (a) The commission shall, by May 1, 2016, conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability. (b) Upon identifying what additional training is needed, the commission shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups. (c) The training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: (1) How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia. (2) Autism spectrum disorder. (3) Genetic disorders, including, but not limited to, Down syndrome. (4) Conflict resolution and de-escalation techniques for potentially dangerous situations. (5) Alternatives to the use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities. (6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. (7) Involuntary holds. (8) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. (Amended by Stats. 2025, Ch. 241, Sec. 57. (SB 857) Effective January 1, 2026.)
  61. 13515.30.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The Commission must create and keep updated a continuing education course on law enforcement interaction with mentally disabled and developmentally disabled persons in state mental hospitals or state developmental centers.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.30. (a) By July 1, 2015, the Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program. (b) The course described in subdivision (a) may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following: (1) The prevalence, cause, and nature of mental illnesses and developmental disabilities. (2) The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center. (3) How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves. (4) Capacity and consent of individuals with cognitive and intellectual barriers. (5) Conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons. (6) Appropriate language usage when interacting with mentally disabled or developmentally disabled persons. (7) Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community. (8) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1. (9) Information on the state mental hospital system and the state developmental center system. (10) Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared. (11) Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services. (Amended by Stats. 2025, Ch. 241, Sec. 58. (SB 857) Effective January 1, 2026.)
  62. 13515.35.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create and provide an autism spectrum disorders training course for first-responder peace officers and make it available to California law enforcement agencies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.35. (a) The commission shall, upon the next regularly scheduled review of a training module relating to persons with disabilities, create and make available on DVD and may distribute electronically a course on how to recognize and interact with persons with autistic spectrum disorders. This course shall be designed for, and made available to, peace officers who are first responders to emergency situations. (b) The training course shall be developed by the commission in consultation with the Department of Developmental Services and appropriate community, local, or other state organizations and agencies that have expertise in the area of autism spectrum disorders. The commission shall make the course available to law enforcement agencies in California. (c) In addition to the duties contained in subdivisions (a) and (b), the commission shall distribute, as necessary, a training bulletin via the Internet to law enforcement agencies participating in the commission’s program on the topic of autism spectrum disorders. (Added by Stats. 2008, Ch. 621, Sec. 1. Effective January 1, 2009.)
  63. 13515.36.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must work with veterans and other expert organizations to assess TBI/PTSD training needs, create and provide a training course if needed, share it with California law enforcement agencies, send training bulletins as needed, and report to the Legislature by June 30, 2012.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.36. (a) The commission shall meet with the Department of Veterans Affairs and community, local, or other state organizations and agencies that have expertise in the area of traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) in order to assess the training needed by peace officers, who are first responders in emergency situations, on the topic of returning veterans or other persons suffering from TBI or PTSD. (b) Should the commission determine that there is an unfulfilled need for training on TBI and PTSD, the commission shall determine the training format that is both fiscally responsible and meets the training needs of the greatest number of officers. (c) Should the commission determine that there is an unfulfilled need for training on TBI and PTSD, the commission shall, upon the next regularly scheduled review of a training module relating to persons with disabilities, create and make available on DVD and may distribute electronically, or provide by means of another form or method of training, a course on how to recognize and interact with returning veterans or other persons suffering from TBI or PTSD. This course shall be designed for, and made available to, peace officers who are first responders to emergency situations. (d) The training course shall be developed by the commission in consultation with the Department of Veterans Affairs and appropriate community, local, or other state organizations and agencies that have expertise in the area of TBI and PTSD. The commission shall make the course available to law enforcement agencies in California. (e) In addition to the duties contained in subdivisions (a), (b),(c), and (d), the commission shall distribute, as necessary, a training bulletin via the Internet to law enforcement agencies participating in the commission’s program on the topic of TBI and PTSD. (f) The commission shall report to the Legislature, no later than June 30, 2012, on the extent to which peace officers are receiving adequate training in how to interact with persons suffering from TBI or PTSD. (g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on June 30, 2016, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2010, Ch. 490, Sec. 1. (SB 1296) Effective January 1, 2011.)
  64. 13515.40.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must develop guidelines on wandering associated with Alzheimer’s disease, autism, and dementia by January 1, 2026.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.40. (a) The commission, in consultation with subject matter experts, including, but not limited to, law enforcement agencies, the Department of Justice Missing and Unidentified Persons Section, the California Health and Human Services Agency or its designee or designees, organizations with expertise in autism and wandering, organizations with expertise in Alzheimer’s disease and dementia and wandering, emergency management services agencies, and public transit agencies, shall, on or before January 1, 2026, develop guidelines addressing wandering associated with Alzheimer’s disease, autism, and dementia. (b) The guidelines shall address, at a minimum, all of the following: (1) Development of law enforcement investigational checklists. (2) Protocols for deploying law enforcement agency resources, including, but not limited to, search and rescue dogs. (3) Protocols for developing community awareness campaigns for wandering prevention and water safety. (4) Technological solutions regarding all of the following: (A) Wandering prevention devices. (B) Proactive registries. (C) Community alert systems. (5) Coordination and communication protocols between law enforcement agencies and all of the following: (A) Other local law enforcement agencies. (B) First responders, including, but not limited to, emergency management services. (C) 911 dispatch. (D) Hospitals. (E) Transportation systems. (Added by Stats. 2024, Ch. 333, Sec. 1. (AB 2541) Effective January 1, 2025.)
  65. 13515.55.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Certain supervisory city police officers and deputy sheriffs assigned field or investigative duties must complete a Commission-certified high technology crimes and computer seizure training course.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13515.55. Every city police officer or deputy sheriff at a supervisory level who is assigned field or investigative duties shall complete a high technology crimes and computer seizure training course certified by the Commission on Peace Officer Standards and Training by January 1, 2000, or within 18 months of assignment to supervisory duties. Completion of the course may be satisfied by telecourse, video training tape, or other instruction. This training shall be offered to all city police officers and deputy sheriffs as part of continuing professional training. The training shall, at a minimum, address relevant laws, recognition of high technology crimes, and computer evidence collection and preservation. (Amended by Stats. 1999, Ch. 83, Sec. 165. Effective January 1, 2000.)
  66. 13516.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must issue investigative guidelines and training, and certain officers must complete the training within six months of assignment.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13516. (a) The commission shall prepare guidelines establishing standard procedures which may be followed by police agencies in the investigation of sexual assault cases, and cases involving the sexual exploitation or sexual abuse of children, including, police response to, and treatment of, victims of these crimes. (b) The course of training leading to the basic certificate issued by the commission shall, on and after July 1, 1977, include adequate instruction in the procedures described in subdivision (a). No reimbursement shall be made to local agencies based on attendance on or after that date at any course which does not comply with the requirements of this subdivision. (c) The commission shall prepare and implement a course for the training of specialists in the investigation of sexual assault cases, child sexual exploitation cases, and child sexual abuse cases. Officers assigned to investigation duties which include the handling of cases involving the sexual exploitation or sexual abuse of children, shall successfully complete that training within six months of the date the assignment was made. (d) It is the intent of the Legislature in the enactment of this section to encourage the establishment of sex crime investigation units in police agencies throughout the state, which units shall include, but not be limited to, investigating crimes involving the sexual exploitation and sexual abuse of children. (e) It is the further intent of the Legislature in the enactment of this section to encourage the establishment of investigation guidelines that take into consideration the sensitive nature of the sexual exploitation and sexual abuse of children with respect to both the accused and the alleged victim. (Amended by Stats. 1986, Ch. 32, Sec. 3. Effective March 21, 1986.)
  67. 13516.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must develop and implement training courses for peace officers in California on CSEC and human trafficking.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13516.5. (a) The commission shall develop and implement a course or courses of instruction for the training of peace officers in California on commercial sexual exploitation of children (CSEC) and victims of human trafficking that shall include, but not be limited to, the following topics and activities: (1) The dynamics of commercial sexual exploitation of children. (2) The impact of trauma on child development and manifestations of trauma in victims of commercial sexual exploitation. (3) Strategies to identify potential victims of commercial sexual exploitation, including indicators that a youth is being exploited. (4) Mandatory reporting requirements related to commercial sexual exploitation. (5) Appropriate interviewing, engagement, and intervention techniques that avoid retraumatizing the victim and promote collaboration with victim-serving agencies. (6) Introduction to the purpose, scope, and use of specialized child victim interview resources. (7) Local and state resources that are available to first responders. (8) Perspectives of victims and their families. (9) Issues of stigma. (10) Any other critical topics identified by subject matter experts. (b) The course of instruction shall be equivalent to a course that the commission produces for officers as part of continuing professional training and shall include facilitated discussions and learning activities, including scenario training exercises. (c) The training described in subdivision (a) shall be developed with input from survivors of commercial sexual exploitation, the appropriate local and state agencies, and advocates that have expertise in CSEC and human trafficking. These shall include, but not be limited to, the California Child Welfare Council’s CSEC Action Team, organizations that provide services specifically to sexually exploited children, and public agencies leading or participating in interagency responses to commercially sexually exploited children. (Added by Stats. 2018, Ch. 973, Sec. 1. (AB 2992) Effective January 1, 2019.)
  68. 13517.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must issue guidelines and training related to police handling of child abuse or neglect cases, and it must consult with the State Office of Child Abuse Prevention.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13517. (a) The commission shall prepare guidelines establishing standard procedures which may be followed by police agencies in the detection, investigation, and response to cases in which a minor is a victim of an act of abuse or neglect prohibited by this code. The guidelines shall include procedures for determining whether or not a child should be taken into protective custody. The guidelines shall also include procedures for minimizing the number of times a child is interviewed by law enforcement personnel. (b) The course of training leading to the basic certificate issued by the commission shall, not later than July 1, 1979, include adequate instruction in the procedures described in subdivision (a). (c) The commission shall prepare and implement an optional course of training of specialists in the investigation of cases in which a minor is a victim of an act of abuse or neglect prohibited by this code. (d) The commission shall consult with the State Office of Child Abuse Prevention in developing the guidelines and optional course of training. (Amended by Stats. 1985, Ch. 672, Sec. 1.)
  69. 13517.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must prepare guidelines for standard procedures that police agencies and prosecutors may use when interviewing minor witnesses.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13517.5. The commission shall prepare guidelines establishing standard procedures which may be followed by police agencies and prosecutors in interviewing minor witnesses. (Added by Stats. 1987, Ch. 612, Sec. 1.)
  70. 13517.7.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must develop guidelines and training for state and local law enforcement officers about child safety when a caretaker parent or guardian is arrested.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13517.7. (a) The commission shall develop guidelines and training for use by state and local law enforcement officers to address issues related to child safety when a caretaker parent or guardian is arrested. (b) The guidelines and training shall, at a minimum, address the following subjects: (1) Procedures to ensure that officers and custodial employees inquire whether an arrestee has minor dependent children without appropriate supervision. (2) Authorizing additional telephone calls by arrestees so that they may arrange for the care of minor dependent children. (3) Use of county child welfare services, as appropriate, and other similar service providers to assist in the placement of dependent children when the parent or guardian is unable or unwilling to arrange suitable care for the child or children. (4) Identification of local government or nongovernmental agencies able to provide appropriate custodial services. (5) Temporary supervision of minor children to ensure their safety and well-being. (6) Sample procedures to assist state and local law enforcement agencies to develop ways to ensure the safety and well-being of children when the parent or guardian has been arrested. (c) The commission shall use appropriate subject matter experts, including representatives of law enforcement and county child welfare agencies, in developing the guidelines and training required by this section. (Added by Stats. 2006, Ch. 729, Sec. 2. Effective January 1, 2007.)
  71. 13518.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Specified law enforcement officers must complete EMSA-prescribed first aid and CPR training, with a clerical/administrative-duty exception.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13518. (a) Every city police officer, sheriff, deputy sheriff, marshal, deputy marshal, peace officer member of the Department of the California Highway Patrol, and police officer of a district authorized by statute to maintain a police department, except those whose duties are primarily clerical or administrative, shall meet the training standards prescribed by the Emergency Medical Services Authority for the administration of first aid and cardiopulmonary resuscitation. This training shall include instruction in the use of a portable manual mask and airway assembly designed to prevent the spread of communicable diseases. In addition, satisfactory completion of periodic refresher training or appropriate testing in cardiopulmonary resuscitation and other first aid as prescribed by the Emergency Medical Services Authority shall also be required. (b) The course of training leading to the basic certificate issued by the commission shall include adequate instruction in the procedures described in subdivision (a). No reimbursement shall be made to local agencies based on attendance at any such course which does not comply with the requirements of this subdivision. (c) As used in this section, “primarily clerical or administrative” means the performance of clerical or administrative duties for a minimum of 90 percent of the time worked within a pay period. (Amended by Stats. 1996, Ch. 305, Sec. 57. Effective January 1, 1997.)
  72. 13518.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    A law enforcement agency may provide portable manual mask and airway assemblies to certain peace officers for CPR use.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13518.1. In order to prevent the spread of communicable disease, a law enforcement agency employing peace officers described in subdivision (a) of Section 13518 may provide to each of these peace officers an appropriate portable manual mask and airway assembly for use when applying cardiopulmonary resuscitation. (Amended by Stats. 2013, Ch. 28, Sec. 46. (SB 71) Effective June 27, 2013.)
  73. 13518.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    Certain California peace officers must complete basic maritime operations training, and the course must cover specified topics.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13518.5. (a) Each peace officer in California who meets the criteria specified in subdivision (b) shall complete a course in basic maritime operations for law enforcement officers. The course of instruction shall include boat handling, chart reading, navigation rules, and comprehensive training regarding maritime boardings, arrest procedures, vessel identification, searches, and counterterrorism practices and procedures. The curriculum shall be consistent with applicable federal standards and tactical training. (b) Subdivision (a) shall apply to a peace officer who meets all of the following criteria: (1) Is employed by a city, county, city and county, or district that has adopted a resolution pursuant to paragraph (2) of subdivision (c). (2) Is within a classification identified in the resolution adopted pursuant to paragraph (2) of subdivision (c). (3) Is assigned in a jurisdiction that includes navigable waters. (4) Serves as a crew member on a waterborne law enforcement vessel. (c) This section shall become operative in a city, county, city and county, or district when both of the following apply: (1) The federal Department of Homeland Security has provided funding to a law enforcement agency in a city, county, city and county, or district to implement this section. (2) The governing body of the city, county, city and county, or district, such as the board of supervisors of a county or the city council, has adopted a resolution agreeing to implement this section and identifying the specific classifications of peace officers in the jurisdiction that will be subject to training pursuant to this section. (Added by Stats. 2013, Ch. 619, Sec. 1. (AB 979) Effective January 1, 2014.)
  74. 13519.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create domestic violence training and guidelines for California law enforcement officers, and covered officers must complete updated domestic violence training every two years.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519. (a) The commission shall implement by January 1, 1986, a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and also shall develop guidelines for law enforcement response to domestic violence. The course or courses of instruction and the guidelines shall include a brief current and historical context on communities of color impacted by incarceration and violence, enforcement of criminal laws in domestic violence situations, availability of civil remedies and community resources, and protection of the victim. If appropriate, the training presenters shall include domestic violence experts, who may include victims of domestic violence and people who have committed domestic violence and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed domestic violence, including, but not limited to, utilizing the staff of domestic violence shelter-based programs in the presentation of training. (b) As used in this section, “law enforcement officer” means any officer or employee of a local police department or sheriff’s office, a peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2, a peace officer of the University of California Police Department, as defined in subdivision (b) of Section 830.2, a peace officer of the California State University Police Departments, as defined in subdivision (c) of Section 830.2, a peace officer, as defined in subdivision (d) of Section 830.31, or a peace officer as defined in subdivisions (a) and (b) of Section 830.32. (c) The course of basic training for law enforcement officers shall include adequate instruction in the procedures and techniques described below: (1) The provisions set forth in Title 5 (commencing with Section 13700) relating to response, enforcement of court orders, and data collection. (2) The legal duties imposed on peace officers to make arrests and offer protection and assistance including guidelines for making felony and misdemeanor arrests. (3) Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. These techniques shall include, but are not limited to, the following: (A) Methods for ensuring victim interviews occur in a venue separate from the alleged perpetrator and with appropriate sound barriers to prevent the conversation from being overheard. (B) Questions for the victim, including, but not limited to, the following: (i) Whether the victim would like a followup visit to provide needed support or resources. (ii) Information on obtaining a gun violence restraining order and a protective order described in Section 6218 of the Family Code. (C) A verbal review of the resources available for victims outlined on the written notice provided pursuant to paragraph (9) of subdivision (c) of Section 13701. (4) The nature and extent of domestic violence. (5) The signs of domestic violence. (6) Criminal conduct that may be related to domestic violence, including, but not limited to, any of the following: (A) Coercion, as described in paragraph (1) of subdivision (h) of Section 236.1, for purposes of committing or impeding the investigation or prosecution of domestic violence. (B) False imprisonment, as defined in Section 236. (C) Extortion, as defined in Section 518, and the use of fear, as described in Section 519. (D) Identity theft, as defined in Section 530.5, impersonation through an internet website or by other electronic means, as defined in Section 528.5, false personation, as defined in Section 530, receiving money or property as a result of false personation, and mail theft. (E) Stalking, as defined in Section 646.9, including by telephone or electronic communication. (F) Nonconsensual pornography, as described in paragraph (4) of subdivision (j) of Section 647. (7) The assessment of lethality or signs of lethal violence in domestic violence situations. (8) The legal rights of, and remedies available to, victims of domestic violence. (9) The use of an arrest by a private person in a domestic violence situation. (10) Documentation, report writing, and evidence collection. (11) Domestic violence diversion. (12) Tenancy issues and domestic violence. (13) The impact on children of law enforcement intervention in domestic violence. (14) The services and facilities available to victims and batterers. (15) The use and applications of this code in domestic violence situations. (16) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled. (17) Verification and enforcement of stay-away orders. (18) Cite and release policies. (19) Emergency assistance to victims and how to assist victims in pursuing criminal justice options. (d) The guidelines developed by the commission shall also incorporate the factors described in subdivision (c), and the following procedures and techniques: (1) Identification and detection of staged crime scenes. (2) Working with a multidisciplinary team in the handling of domestic violence cases. (3) Indicators of domestic homicide in suspicious death cases, including all of the following: (A) The decedent died prematurely or in an untimely manner. (B) The scene of the death gives the appearance of death due to suicide or accident. (C) One partner wanted to end the relationship. (D) There is a history of being victimized by domestic violence that includes coercive control. (E) The decedent is found dead in a home or place of residence. (F) The decedent is found by a current or previous partner. (G) There is a history of being victimized by domestic violence that includes strangulation or suffocation. (H) The current or previous partner of the decedent, or child of the decedent or the decedent’s current or previous partner, is the last to see the decedent alive. (I) The partner had control of the scene before law enforcement arrived. (J) The body of the decedent has been moved or the scene or other evidence is altered in some way. (e) Local law enforcement agencies are encouraged to include, as a part of their advanced officer training program, periodic updates and training on domestic violence. The commission shall assist where possible. (f) (1) The course of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of domestic violence. The groups and individuals shall include, but shall not be limited to, the following: one representative each from the California Peace Officers’ Association, the Peace Officers Research Association of California, the State Bar of California, the California Women Lawyers, and the Commission on the Status of Women and Girls; two representatives from the commission; two representatives from the California Partnership to End Domestic Violence; two peace officers, recommended by the commission, who are experienced in the provision of domestic violence training; two domestic violence experts, recommended by the California Partnership to End Domestic Violence, who are experienced in the provision of direct services to victims of domestic violence; and at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence. At least one of the persons selected shall be a former victim of domestic violence; one representative of an organization working to advance criminal justice reform; and one representative of an organization working to advance racial justice. (2) The commission, in consultation with these groups and individuals, shall review existing training programs to determine in what ways domestic violence training might be included as a part of ongoing programs. (g) Each law enforcement officer below the rank of supervisor who is assigned to patrol duties and would normally respond to domestic violence calls or incidents of domestic violence shall complete, every two years, an updated course of instruction on domestic violence that is developed according to the standards and guidelines developed pursuant to subdivisions (a) and (d). The instruction required pursuant to this subdivision shall be funded from existing resources available for the training required pursuant to this section. It is the intent of the Legislature not to increase the annual training costs of local government entities. (Amended by Stats. 2024, Ch. 654, Sec. 5. (SB 989) Effective January 1, 2025.)
  75. 13519.05.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The commission must create stalking-response training for California law enforcement officers and develop response guidelines.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.05. (a) The commission shall implement by January 1, 2002, a course or courses of instruction for the training of law enforcement officers in California in the handling of stalking complaints and also shall develop guidelines for law enforcement response to stalking. The course or courses of instruction and the guidelines shall stress enforcement of criminal laws in stalking situations, availability of civil remedies and community resources, and protection of the victim. Where appropriate, the training presenters shall include stalking experts with expertise in the delivery of direct services to victims of stalking. Completion of the course may be satisfied by telecommunication, video training tape, or other instruction. (b) (1) As used in this section, “law enforcement officer” means any officer or employee of a local police department or sheriff’s office, any peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2, any peace officer of the University of California Police Department, as defined in subdivision (b) of Section 830.2, any peace officer of the California State University Police Departments, as defined in subdivision (c) of Section 830.2, a peace officer, as defined in subdivision (d) of Section 830.31, or a peace officer as defined in subdivisions (a) and (b) of Section 830.32. (2) As used in this section, “stalking” means the offense defined in Section 646.9. (c) (1) The course of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of stalking. (2) The commission, in consultation with these groups and individuals, shall review existing training programs to determine in what ways stalking training might be included as a part of ongoing programs. (d) Participation in the course or courses specified in this section by peace officers or the agencies employing them, is voluntary. (Added by Stats. 2000, Ch. 564, Sec. 2. Effective January 1, 2001.)
  76. 13519.07.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The Department of Justice must make certain missing-person guidelines accessible, and law enforcement agencies must adopt related checklist and policy documents by January 1, 2012 and use the department’s missing-person reporting form for initial contact.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.07. (a) The Department of Justice shall make accessible to law enforcement agencies, via a department bulletin and the California Law Enforcement Web, the commission’s “Guidelines For Handling Missing Persons Investigations” or any subsequent similar guidelines created by the commission, relating to the investigation of missing persons. (b) By January 1, 2012, law enforcement agencies shall adopt a checklist document directing peace officers on investigation guidelines and resources available to them in the early hours of a missing person investigation. The commission’s “Guidelines For Handling Missing Persons Investigations” should be used as a model policy or example in developing the checklist document. (c) By January 1, 2012, law enforcement agencies shall adopt a policy, regulations, or guidelines on missing persons investigations that are consistent with state and federal law. The commission’s “Guidelines For Handling Missing Persons Investigations” should be used as a model policy or example in developing the policy, regulations, or guidelines. (d) By January 1, 2012, law enforcement agencies shall utilize, at a minimum, the department’s missing person reporting form for the initial contact with the parent or family member reporting a missing person. (e) As necessary and appropriate, the commission shall modify its missing persons investigations guidelines and curriculum with contemporary information. Specifically, the commission should consider including and revising their guidelines to include both of the following: (1) Steps for law enforcement agencies in the first few hours after the reporting of a missing person. (2) Information on the availability of the department task forces, the SAFE Task Force Regional Teams, and other entities that can assist in the search for a missing person. (Added by Stats. 2010, Ch. 224, Sec. 2. (AB 33) Effective January 1, 2011.)
  77. 13519.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The commission must create training and guidelines for handling missing person and runaway cases, and certain law enforcement personnel must receive that training by the stated deadlines.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.1. (a) The commission shall implement by July 1, 1988, a course or courses of instruction for the training of law enforcement officers and law enforcement dispatchers in the handling of missing person and runaway cases and shall also develop guidelines for law enforcement response to missing person and runaway cases. The course or courses of instruction and the guidelines shall include, but not be limited to, timeliness and priority of response, assisting persons who make missing person reports to contact the appropriate law enforcement agency in the jurisdiction of the residence address of the missing person or runaway and the appropriate law enforcement agency in the jurisdiction where the missing person or runaway was last seen, and coordinating law enforcement agencies for the purpose of efficiently and effectively taking and investigating missing person reports. As used in this section, “law enforcement” includes any officers or employees of a local police or sheriff’s office or of the California Highway Patrol. (b) The course of basic training for law enforcement officers and law enforcement dispatchers shall, not later than January 1, 1989, include adequate instruction in the handling of missing person and runaway cases developed pursuant to subdivision (a). (c) All law enforcement officers and law enforcement dispatchers who have received their basic training before January 1, 1989, shall participate in supplementary training on missing person and runaway cases, as prescribed and certified by the commission. The training required by this subdivision shall be completed not later than January 1, 1991. (Added by Stats. 1987, Ch. 705, Sec. 3.)
  78. 13519.10.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The commission must create use-of-force training courses and minimum guidelines, and law enforcement agencies must adopt and require regular training consistent with those guidelines.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.10. (a) (1) The commission shall implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the use of force and shall also develop uniform, minimum guidelines for adoption and promulgation by California law enforcement agencies for use of force. The guidelines and course of instruction shall stress that the use of force by law enforcement personnel is of important concern to the community and law enforcement and that law enforcement should safeguard life, dignity, and liberty of all persons, without prejudice to anyone. These guidelines shall be a resource for each agency executive to use in the creation of the use of force policy that the agency is required to adopt and promulgate pursuant to Section 7286 of the Government Code, and that reflects the needs of the agency, the jurisdiction it serves, and the law. (2) As used in this section, “law enforcement officer” includes any peace officer of a local police or sheriff’s department or the California Highway Patrol, or of any other law enforcement agency authorized by law to use force to effectuate an arrest. (b) The course or courses of the regular basic course for law enforcement officers and the guidelines shall include all of the following: (1) Legal standards for use of force. (2) Duty to intercede. (3) The use of objectively reasonable force. (4) Supervisory responsibilities. (5) Use of force review and analysis. (6) Guidelines for the use of deadly force. (7) State required reporting. (8) De-escalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence. (9) Implicit and explicit bias and cultural competency. (10) Skills including de-escalation techniques to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues. (11) Use of force scenario training including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time force option decisionmaking. (12) Alternatives to the use of deadly force and physical force, so that de-escalation tactics and less lethal alternatives are, where reasonably feasible, part of the decisionmaking process leading up to the consideration of deadly force. (13) Mental health and policing, including bias and stigma. (14) Using public service, including the rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts. (c) Law enforcement agencies are encouraged to include, as part of their advanced officer training program, periodic updates and training on use of force. The commission shall assist where possible. (d) (1) The course or courses of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field on use of force. The groups and individuals shall include, but not be limited to, law enforcement agencies, police academy instructors, subject matter experts, and members of the public. (2) The commission, in consultation with these groups and individuals, shall review existing training programs to determine the ways in which use of force training may be included as part of ongoing programs. (e) It is the intent of the Legislature that each law enforcement agency adopt, promulgate, and require regular and periodic training consistent with an agency’s specific use of force policy that, at a minimum, complies with the guidelines developed under subdivisions (a) and (b). (Amended by Stats. 2025, Ch. 241, Sec. 59. (SB 857) Effective January 1, 2026.)
  79. 13519.12.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The commission must set training standards and develop terrorism-response training for peace officers, and local law enforcement executives may choose which members attend.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.12. (a) Pursuant to Section 13510, the Commission on Peace Officer Standards and Training shall establish training standards and develop a course of instruction that includes the criteria for the curriculum content recommended by the Curriculum Development Advisory Committee established pursuant to Section 8588.10 of the Government Code, involving the responsibilities of first responders to terrorism incidents. The course of instruction shall address the training needs of peace officers at a managerial or supervisory level and below who are assigned to field duties. The training shall be developed in consultation with the Department of Justice and other individuals knowledgeable about terrorism and address current theory, terminology, historical issues, and procedures necessary to appropriately respond to and effectively mitigate the effects of a terrorism incident. The training standards and course of instruction may, if appropriate, include coordination with emergency medical services providers that respond to an incident, tactical casualty care, and other standards of emergency care as established pursuant to Section 1799.50 of the Health and Safety Code by the Commission on Emergency Medical Services. (b) The commission shall expedite the delivery of this training to law enforcement through maximum use of its local and regional delivery systems. (c) To maximize the availability and delivery of training, the commission shall develop a course of instruction to train trainers and first responders dealing with terrorism incidents using a variety of formats. (d) Every police chief and sheriff, the Commissioner of the Highway Patrol, and other general law enforcement agency executives may determine the members of their agency to receive the emergency response to terrorism incidents training developed by the commission under this section. The persons to be trained may include, but are not limited to, peace officers that perform general law enforcement duties at a managerial or supervisory level or below and are assigned to field duties. (e) For purposes of this section, a “terrorism incident” includes, but is not limited to, an active shooter incident. An “active shooter incident” is an incident where an individual is actively engaged in killing or attempting to kill people. (Amended by Stats. 2014, Ch. 668, Sec. 6. (AB 1598) Effective January 1, 2015.)
  80. 13519.14.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The commission must create human trafficking training and response guidelines, and certain officers must complete at least two hours of that training.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.14. (a) The commission shall implement by January 1, 2007, a course or courses of instruction for the training of law enforcement officers in California in the handling of human trafficking complaints and also shall develop guidelines for law enforcement response to human trafficking. The course or courses of instruction and the guidelines shall stress the dynamics and manifestations of human trafficking, identifying and communicating with victims, providing documentation that satisfy the Law Enforcement Agency (LEA) endorsement required by federal law, collaboration with federal law enforcement officials, therapeutically appropriate investigative techniques, the availability of civil and immigration remedies and community resources, and protection of the victim. Where appropriate, the training presenters shall include human trafficking experts with experience in the delivery of direct services to victims of human trafficking. Completion of the course may be satisfied by telecommunication, video training tape, or other instruction. (b) As used in this section, “law enforcement officer” means any officer or employee of a local police department or sheriff’s office, and any peace officer of the Department of the California Highway Patrol, as defined by subdivision (a) of Section 830.2. (c) The course of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of human trafficking. (d) The commission, in consultation with these groups and individuals, shall review existing training programs to determine in what ways human trafficking training may be included as a part of ongoing programs. (e) Every law enforcement officer who is assigned field or investigative duties shall complete a minimum of two hours of training in a course or courses of instruction pertaining to the handling of human trafficking complaints as described in subdivision (a) by July 1, 2014, or within six months of being assigned to that position, whichever is later. (Amended November 6, 2012, by initiative Proposition 35, Sec. 14.)
  81. 13519.15.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The commission must prepare guidelines for standard procedures for investigating and reporting anti-reproductive-rights crimes.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.15. The commission shall prepare guidelines establishing standard procedures which may be followed by law enforcement agencies in the investigation and reporting of cases involving anti-reproductive-rights crimes. In developing the guidelines, the commission shall consider recommendations 1 to 12, inclusive, 14, and 15 of the report prepared by the Department of Justice and submitted to the Legislature pursuant to the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775)). (Added by Stats. 2008, Ch. 206, Sec. 1. Effective January 1, 2009.)
  82. 13519.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

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    The commission must add training on handling persons with developmental disabilities or mental illness to basic law enforcement training, and certain officers must take supplementary training by the stated deadline.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.2. (a) The commission shall, on or before July 1, 1990, include in the basic training course for law enforcement officers, adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Officers who complete the basic training prior to July 1, 1990, shall participate in supplementary training on this topic. This supplementary training shall be completed on or before July 1, 1992. Further training courses to update this instruction shall be established, as deemed necessary by the commission. (b) The course of instruction relating to the handling of developmentally disabled or mentally ill persons shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in this area. In addition to providing instruction on the handling of these persons, the course shall also include information on the cause and nature of developmental disabilities and mental illness, as well as the community resources available to serve these persons. (Added by Stats. 1988, Ch. 593, Sec. 1.)
  83. 13519.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create and update training on sudden infant death syndrome for certain peace officers, and officers hired after January 1, 1990 must finish the course before getting the basic certificate and by July 1, 1992.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.3. (a) Effective July 1, 1990, the commission shall establish, for those peace officers specified in subdivision (a) of Section 13510 who are assigned to patrol or investigations, a course on the nature of sudden infant death syndrome and the handling of cases involving the sudden deaths of infants. The course shall include information on the community resources available to assist families and child care providers who have lost a child to sudden infant death syndrome. Officers who are employed after January 1, 1990, shall complete a course in sudden infant death syndrome prior to the issuance of the Peace Officer Standards and Training basic certificate, and shall complete training on this topic on or before July 1, 1992. (b) The commission, in consultation with experts in the field of sudden infant death syndrome, shall prepare guidelines establishing standard procedures which may be followed by law enforcement agencies in the investigation of cases involving sudden deaths of infants. (c) The course relating to sudden infant death syndrome and the handling of cases of sudden infant deaths shall be developed by the commission in consultation with experts in the field of sudden infant death syndrome. The course shall include instruction in the standard procedures developed pursuant to subdivision (b). In addition, the course shall include information on the nature of sudden infant death syndrome which shall be taught by experts in the field of sudden infant death syndrome. (d) The commission shall review and modify the basic course curriculum to include sudden infant death syndrome awareness as part of death investigation training. (e) When the instruction and training are provided by a local agency, a fee shall be charged sufficient to defray the entire cost of instruction and training. (Added by Stats. 1989, Ch. 1111, Sec. 7.)
  84. 13519.4.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    This section requires California peace officer training on racial, identity, and cultural differences, and prohibits peace officers from engaging in racial or identity profiling.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment. (b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity. (c) For the purposes of this section the following shall apply: (1) “Disability,” “gender,” “nationality,” “religion,” and “sexual orientation” have the same meaning as in Section 422.55. (2) “Culturally diverse” and “cultural diversity” include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues. (3) “Racial” has the same meaning as “race or ethnicity” in Section 422.55. (4) “Stop” has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code. (d) The Legislature finds and declares as follows: (1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices. (2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated. (3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve. (4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices. (5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling. (e) “Racial or identity profiling,” for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest. (f) A peace officer shall not engage in racial or identity profiling. (g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training. (h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects: (1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community. (2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions. (3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement. (4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers. (5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area. (6) The prohibition against racial or identity profiling in subdivision (f). (i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends. (j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement. (2) RIPA shall include the following members: (A) The Attorney General, or their designee. (B) The President of the California Public Defenders Association, or their designee. (C) The President of the California Police Chiefs Association, or their designee. (D) The President of the California State Sheriffs’ Association, or their designee. (E) The President of the Peace Officers Research Association of California, or their designee. (F) The Commissioner of the California Highway Patrol, or their designee. (G) A university professor who specializes in policing, and racial and identity equity. (H) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights. (I) Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age. (J) Two religious clergy members who specialize in addressing and reducing racial and identity bias toward individuals and groups. (K) Up to two other members that the Governor may prescribe. (L) Up to two other members that the President pro Tempore of the Senate may prescribe. (M) Up to two other members that the Speaker of the Assembly may prescribe. (3) Each year, on an annual basis, RIPA shall do the following: (A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code. (B) Analyze law enforcement training under this section. (C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California. (D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics. (E) Issue a report that provides RIPA’s analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agency’s total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The reports shall be retained and made available to the public by posting those reports on the Department of Justice’s OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code. (F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting. (4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies. (5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA. (6) No action of RIPA shall be valid unless agreed to by a majority of its members. (7) The initial terms of RIPA members shall be four years. (8) Each year, RIPA shall elect two of its members as cochairpersons. (Amended by Stats. 2021, Ch. 615, Sec. 349. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  85. 13519.41.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create and implement training on sexual orientation and gender identity minority groups, and that training must be folded into basic officer and dispatcher training.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.41. (a) The commission shall develop and implement a course of training regarding sexual orientation and gender identity minority groups in this state. In developing the training, the commission shall consult with sexual orientation and gender identity minority members of law enforcement and the community who have expertise in the area of sexual orientation and gender identity, including at least one male, one female, and one transgender person. (b) The course of training for officers and dispatchers described in subdivision (a) shall be incorporated into the course or courses of basic training for law enforcement officers and dispatchers and shall include, but not be limited to, the following: (1) The difference between sexual orientation and gender identity and how these two aspects of identity relate to each other and to race, culture, and religion. (2) The terminology used to identify and describe sexual orientation and gender identity. (3) How to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. (4) Important moments in history related to sexual orientation and gender identity minorities and law enforcement. (5) How law enforcement can respond effectively to domestic violence and hate crimes involving sexual orientation and gender identity minorities. (c) Law enforcement officers, administrators, executives, and dispatchers may participate in supplementary training that includes all of the topics described in this section. The supplementary training shall fulfill the Commission on Peace Officer Standards and Training requirements for continuing professional training and shall include facilitated discussions and learning activities, including scenario training exercises. Additional training courses to update this instruction shall be established as deemed necessary by the commission. (Added by Stats. 2018, Ch. 969, Sec. 1. (AB 2504) Effective January 1, 2019.)
  86. 13519.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must implement training courses for appropriate peace officers on gang and drug law enforcement methods by July 1, 1991.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.5. The commission shall, on or before July 1, 1991, implement a course or courses of instruction to provide ongoing training to the appropriate peace officers on methods of gang and drug law enforcement. (Added by Stats. 1990, Ch. 333, Sec. 2.)
  87. 13519.6.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create hate-crimes training guidelines and courses, and peace officers must complete the required training on the stated schedule.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.6. (a) (1) The commission, in consultation with subject-matter experts, including, but not limited to, law enforcement agencies, civil rights groups, and academic experts, and the Department of Justice, shall develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. “Hate crimes,” for purposes of this section, has the same meaning as in Section 422.55. (2) The commission shall consult with the subject-matter experts in paragraph (1) if the guidelines or course of instruction are updated. (3) The guidelines and course of instruction developed pursuant to this section are not regulations as that term is used in the Administrative Procedure Act (Chapter 3.5 commencing with Section 11340 of Part 1 of Division 3 of the Government Code). This paragraph is declaratory of existing law. (b) The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following: (1) Indicators of hate crimes. (2) The impact of these crimes on the victim, the victim’s family, and the community, and the assistance and compensation available to victims. (3) Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes. (4) Law enforcement procedures, reporting, and documentation of hate crimes. (5) Techniques and methods to handle incidents of hate crimes in a noncombative manner. (6) Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims’ actual or perceived homelessness. (7) The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems. (8) Preparation for, and response to, anti-Arab, anti-Middle Eastern, anti-Islamic, anti-LGBTQ, anti-Black, anti-Native American, anti-immigrant, anti-Asian American and Pacific Islander, and anti-Jewish hate crime waves, and any other future hate crime waves that the Attorney General determines are likely. (9) Identifying when a gun violence restraining order may be an appropriate tool for preventing hate crimes and the procedures for seeking a gun violence restraining order. (c) The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b) and shall include the model hate crimes policy framework for use by law enforcement agencies in adopting a hate crimes policy pursuant to Section 422.87. The elements of the model hate crimes policy framework shall include, but not be limited to, all of the following: (1) A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement. (2) The definition of “hate crime” in Section 422.55. (3) References to hate crime statutes including Section 422.6. (4) A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following: (A) Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks. (B) Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority. (C) Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary. (D) Providing victim assistance and followup, including community followup. (E) Reporting. (5) A list of all requirements that Section 422.87 or any other law mandates a law enforcement agency to include in its hate crime policy. (d) (1) The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a). (2) Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 2003–04 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary. (e) (1) The commission shall, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, for any basic course, incorporate the November 2017 video course developed by the commission entitled “Hate Crimes: Identification and Investigation,” or any successor video, into the basic course curriculum. (2) The commission shall make the video course described in paragraph (1) available to stream via the learning portal. (3) Each peace officer shall, within one year of the commission making the course available to stream via the learning portal, be required to complete the November 2017 video facilitated course developed by the commission entitled “Hate Crimes: Identification and Investigation,” the course identified in paragraph (4), or any other commission-certified hate crimes course via the learning portal or in-person instruction. (4) The commission shall develop and periodically update an interactive course of instruction and training for in-service peace officers on the topic of hate crimes and make the course available via the learning portal. The course shall cover the fundamentals of hate crime law and preliminary investigation of hate crime incidents, and shall include updates on recent changes in the law, hate crime trends, and best enforcement practices. (5) The commission shall require the course described in paragraph (3) to be taken by in-service peace officers every six years. (f) As used in this section, “peace officer” means any person designated as a peace officer by Section 830.1 or 830.2. (Amended by Stats. 2024, Ch. 532, Sec. 1. (AB 2621) Effective January 1, 2025.)
  88. 13519.64.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The Commission on Peace Officer Standards and Training must develop a two-hour telecourse about crimes against homeless persons and humane treatment, and state and local law enforcement agencies must provide it to their peace officers, if doing so does not create a state-mandated local program cost.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.64. (a) The Legislature finds and declares that research, including “Special Report to the Legislature on Senate Resolution 18: Crimes Committed Against Homeless Persons” by the Department of Justice and “Hate, Violence, and Death: A Report on Hate Crimes Against People Experiencing Homelessness from 1999–2002” by the National Coalition for the Homeless demonstrate that California has had serious and unaddressed problems of crime against homeless persons, including homeless persons with disabilities. (b) (1) By July 1, 2005, the Commission on Peace Officer Standards and Training, using available funding, shall develop a two-hour telecourse to be made available to all law enforcement agencies in California on crimes against homeless persons and on how to deal effectively and humanely with homeless persons, including homeless persons with disabilities. The telecourse shall include information on multimission criminal extremism, as defined in Section 13519.6. In developing the telecourse, the commission shall consult subject-matter experts including, but not limited to, homeless and formerly homeless persons in California, service providers and advocates for homeless persons in California, experts on the disabilities that homeless persons commonly suffer, the California Council of Churches, the National Coalition for the Homeless, the Senate Office of Research, and the Criminal Justice Statistics Center of the Department of Justice. (2) Every state law enforcement agency, and every local law enforcement agency, to the extent that this requirement does not create a state-mandated local program cost, shall provide the telecourse to its peace officers. (Added by Stats. 2004, Ch. 700, Sec. 30. Effective January 1, 2005.)
  89. 13519.7.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create complaint guidelines and consult experts; basic law-enforcement training must include sexual-harassment instruction; and certain peace officers must get supplementary training by January 1, 1997.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.7. (a) On or before August 1, 1994, the commission shall develop complaint guidelines to be followed by city police departments, county sheriffs’ departments, districts, and state university departments, for peace officers who are victims of sexual harassment in the workplace. In developing the complaint guidelines, the commission shall consult with appropriate groups and individuals having an expertise in the area of sexual harassment. (b) The course of basic training for law enforcement officers shall, no later than January 1, 1995, include instruction on sexual harassment in the workplace. The training shall include, but not be limited to, the following: (1) The definition of sexual harassment. (2) A description of sexual harassment, utilizing examples. (3) The illegality of sexual harassment. (4) The complaint process, legal remedies, and protection from retaliation available to victims of sexual harassment. In developing this training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the area of sexual harassment. (c) All peace officers who have received their basic training before January 1, 1995, shall receive supplementary training on sexual harassment in the workplace by January 1, 1997. (Added by Stats. 1993, Ch. 126, Sec. 1. Effective January 1, 1994.)
  90. 13519.8.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must create training courses and guidelines for high-speed vehicle pursuits, and certain officers must take supplementary training.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.8. (a) (1) The commission shall implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the handling of high-speed vehicle pursuits and shall also develop uniform, minimum guidelines for adoption and promulgation by California law enforcement agencies for response to high-speed vehicle pursuits. The guidelines and course of instruction shall stress the importance of vehicle safety and protecting the public at all times, include a regular assessment of law enforcement’s vehicle pursuit policies, practices, and training, and recognize the need to balance the known offense and the need for immediate capture against the risks to officers and other citizens of a high-speed pursuit. These guidelines shall be a resource for each agency executive to use in the creation of a specific pursuit policy that the agency is encouraged to adopt and promulgate, and that reflects the needs of the agency, the jurisdiction it serves, and the law. (2) As used in this section, “law enforcement officer” includes any peace officer of a local police or sheriff’s department or the California Highway Patrol, or of any other law enforcement agency authorized by law to conduct vehicular pursuits. (b) The course or courses of basic training for law enforcement officers and the guidelines shall include adequate consideration of each of the following subjects: (1) When to initiate a pursuit. (2) The number of involved law enforcement units permitted. (3) Responsibilities of primary and secondary law enforcement units. (4) Driving tactics. (5) Helicopter assistance. (6) Communications. (7) Capture of suspects. (8) Termination of a pursuit. (9) Supervisory responsibilities. (10) Blocking, ramming, boxing, and roadblock procedures. (11) Speed limits. (12) Interjurisdictional considerations. (13) Conditions of the vehicle, driver, roadway, weather, and traffic. (14) Hazards to uninvolved bystanders or motorists. (15) Reporting and postpursuit analysis. (c) (1) All law enforcement officers who have received their basic training before January 1, 1995, shall participate in supplementary training on high-speed vehicle pursuits, as prescribed and certified by the commission. (2) Law enforcement agencies are encouraged to include, as part of their advanced officer training program, periodic updates and training on high-speed vehicle pursuit. The commission shall assist where possible. (d) (1) The course or courses of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of high-speed vehicle pursuits. The groups and individuals shall include, but not be limited to, law enforcement agencies, police academy instructors, subject matter experts, and members of the public. (2) The commission, in consultation with these groups and individuals, shall review existing training programs to determine the ways in which high-speed pursuit training may be included as part of ongoing programs. (e) It is the intent of the Legislature that each law enforcement agency adopt, promulgate, and require regular and periodic training consistent with an agency’s specific pursuit policy that, at a minimum, complies with the guidelines developed under subdivisions (a) and (b). (Amended by Stats. 2005, Ch. 485, Sec. 4. Effective January 1, 2006.)
  91. 13519.9.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. )

    Verify source ↗

    The commission must establish the Robert Presley Institute of Criminal Investigation, and the institute must provide investigation training and related facilities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 2. Field Services, Standards, and Certification [13510 - 13519.15] ( Heading of Article 2 amended by Stats. 2021, Ch. 409, Sec. 10. ) ## 13519.9. (a) On or before January 1, 1995, the commission shall establish the Robert Presley Institute of Criminal Investigation which will make available to criminal investigators of California’s law enforcement agencies an advanced training program to meet the needs of working investigators in specialty assignments, such as arson, auto theft, homicide, and narcotics. (b) The institute shall provide an array of investigation training, including the following: (1) Core instruction in matters common to all investigative activities. (2) Advanced instruction through foundation specialty courses in the various investigative specialties. (3) Completion of a variety of elective courses pertaining to investigation. (c) (1) Instruction in core foundation and specialty courses shall be designed not only to impart new knowledge, but to evoke from students the benefit of their experience and ideas in a creative and productive instructional design environment. (2) Instructors shall be skilled and knowledgeable both in subject matter and in the use of highly effective instructional strategies. (d) (1) The commission shall design and operate the institute to constantly improve the effectiveness of instruction. (2) The institute shall make use of the most modern instructional design and equipment, including computer-assisted instruction, scenarios, and case studies. (3) The institute shall ensure that proper facilities, such as crime scene training areas, are available for use by students. (Added by Stats. 1994, Ch. 43, Sec. 3. Effective January 1, 1995.)
  92. 1352.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

    Verify source ↗

    An application must be made by affidavit and include specified facts about the charge, the case status, the witness, and where the witness resides.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1352. The application must be made upon affidavit, stating: 1. The nature of the offense charged; 2. The state of the proceedings in the action, and that an issue of fact has been joined therein; 3. The name of the witness, and that his testimony is material to the defense of the action; 4. That the witness resides out of the State. (Enacted 1872.)
  93. 13520.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The section creates the Peace Officers’ Training Fund in the State Treasury, dedicates it to administration costs and grants, and provides that it is abolished on January 1, 2020 with remaining money reverting to the State Penalty Fund.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13520. (a) There is hereby created in the State Treasury a Peace Officers’ Training Fund, which is hereby appropriated, without regard to fiscal years, exclusively for costs of administration and for grants to local governments and districts pursuant to this chapter. The fund is abolished on January 1, 2020, and any moneys remaining in the fund shall revert to the State Penalty Fund. (b) Notwithstanding any other law, the State Penalty Fund is the successor fund to the Peace Officers’ Training Fund. All assets, liabilities, revenues, and expenditures of the Peace Officers’ Training Fund shall be transferred to, and become a part of, the State Penalty Fund, as provided in Section 16346 of the Government Code. Any references in state law to the Peace Officers’ Training Fund shall be construed to refer to the State Penalty Fund. (Amended by Stats. 2019, Ch. 25, Sec. 46. (SB 94) Effective June 27, 2019.)
  94. 13522.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    Local agencies that want state aid under this chapter must apply to the commission and submit the required supporting documents.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13522. Any city, county, city and county, district, or joint powers agency, that desires to receive state aid pursuant to this chapter shall make application to the commission for the aid. The initial application shall be accompanied by a certified copy of an ordinance, or in the case of the University of California, the California State University, and agencies not authorized to act by ordinance, by a resolution, adopted by its governing body providing that while receiving any state aid pursuant to this chapter, the city, county, city and county, district, or joint powers agency will adhere to the standards for recruitment and training established by the commission. The application shall contain any information the commission may request. (Amended by Stats. 2013, Ch. 59, Sec. 9. (SB 514) Effective January 1, 2014.)
  95. 13523.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The commission must allocate training-fund aid each year, and the State Treasurer must pay it at commission-set intervals, but only to eligible applicants and only for qualifying training expenses.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13523. (a) The commission shall annually allocate and the State Treasurer shall periodically pay from the State Penalty Fund, at intervals specified by the commission, to each city, county, district, or joint powers agency that has applied and qualified for aid pursuant to this chapter an amount determined by the commission pursuant to standards set forth in its regulations. The commission shall grant aid only on a basis that is equally proportionate among cities, counties, districts, and joint powers agencies. State aid shall only be provided for training expenses of full-time regularly paid employees, as defined by the commission, of eligible agencies from cities, counties, districts, or joint powers agencies. (b) An allocation shall not be made to any city, county, district, or joint power agency that is not adhering to the standards established by the commission as applicable to that city, county, district, or joint powers agency. (c) This section shall become operative on July 1, 2019. (Added by Stats. 2018, Ch. 36, Sec. 28. (AB 1812) Effective June 27, 2018. Section operative July 1, 2019, by its own provisions.)
  96. 13524.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    A county seeking this state aid must include the aid request in its application to the commission.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13524. Any county wishing to receive state aid pursuant to this chapter for the training of regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1 who conduct criminal investigations, shall include such request for aid in its application to the commission pursuant to Sections 13522 and 13523. (Added by Stats. 1981, Ch. 710, Sec. 3.)
  97. 13525.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    If certain local governments want state aid for dispatcher training, they must include that aid request in their application to the commission.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13525. Any city, county, city and county, district, or joint powers agency which desires to receive state aid pursuant to this chapter for the training of regularly employed and paid local public safety dispatchers, as described in subdivision (c) of Section 13510, shall include that request for aid in its application to the commission pursuant to Sections 13522 and 13523. (Amended by Stats. 1990, Ch. 333, Sec. 4.)
  98. 13526.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    A State Penalty Fund allocation may not be made to a local government agency unless the agency was entitled to funding under this article as it read on December 31, 1989.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13526. An allocation shall not be made from the State Penalty Fund, pursuant to this article, to a local government agency if the agency was not entitled to receive funding under any of the provisions of this article, as they read on December 31, 1989. (Amended by Stats. 2019, Ch. 25, Sec. 47. (SB 94) Effective June 27, 2019.)
  99. 13526.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The specified Harbor Department officers are entitled to receive funding from the State Penalty Fund for this chapter, despite Section 13526.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13526.1. (a) It is the intent of the Legislature in adding this section that effect be given to amendments made by Chapter 950 of the Statutes of 1989. The Legislature recognizes those amendments were intended to make port wardens and special officers of the Harbor Department of the City of Los Angeles entitled to allocations from the State Penalty Fund for state aid pursuant to this chapter, notwithstanding the amendments made by Chapter 1165 of the Statutes of 1989, which added Section 13526 to this code. (b) Notwithstanding Section 13526, for the purposes of this chapter, the port wardens and special officers of the Harbor Department of the City of Los Angeles shall be entitled to receive funding from the State Penalty Fund. (Amended by Stats. 2019, Ch. 25, Sec. 48. (SB 94) Effective June 27, 2019.)
  100. 13526.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    The housing authority police departments of Los Angeles and Oakland are entitled to receive funding from the State Penalty Fund for purposes of this chapter, despite Section 13526.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13526.2. Notwithstanding Section 13526, for the purposes of this chapter, the housing authority police departments of the City of Los Angeles and the City of Oakland shall be entitled to receive funding from the State Penalty Fund, pursuant to this article. (Amended by Stats. 2019, Ch. 25, Sec. 49. (SB 94) Effective June 27, 2019.)
  101. 13526.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. )

    Verify source ↗

    Certain joint powers agencies may receive funding from the State Penalty Fund under this article, despite Section 13526.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 3. Peace Officers’ Training Fund and Allocations Therefrom [13520 - 13526.3] ( Article 3 added by Stats. 1959, Ch. 1823. ) ## 13526.3. Notwithstanding Section 13526, for the purposes of this chapter, joint powers agencies formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code shall be entitled to receive funding from the State Penalty Fund, pursuant to this article. This section is declaratory of existing law. (Amended by Stats. 2019, Ch. 25, Sec. 50. (SB 94) Effective June 27, 2019.)
  102. 1353.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

    Verify source ↗

    An application may be made to the Court or a Judge, but it must be on three days’ 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1353. The application may be made to the Court, or a Judge thereof, and must be upon three days’ notice to the District Attorney. (Amended by Code Amendments 1880, Ch. 25.)
  103. 1354.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If the court is satisfied that the facts are true and that the witness examination is necessary for justice, it must order a commission to take the witness’s testimony. The court may also direct that the trial be stayed for a specified 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1354. If the Court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony; and the Court may insert in the order a direction that the trial be stayed for a specified time, reasonably sufficient for the execution and return of the commission. (Amended by Code Amendments 1880, Ch. 47.)
  104. 13540.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 4. Peace Officers [13540 - 13542] ( Article 4 added by Stats. 1989, Ch. 1165, Sec. 41. )

    Verify source ↗

    People seeking peace officer status, or a change in that status, must ask the Commission on Peace Officer Standards and Training to study the request. The commission may charge a fee up to the actual cost of the study.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 4. Peace Officers [13540 - 13542] ( Article 4 added by Stats. 1989, Ch. 1165, Sec. 41. ) ## 13540. (a) Any person or persons desiring peace officer status under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who, on January 1, 1990, were not entitled to be designated as peace officers under that chapter shall request the Commission on Peace Officer Standards and Training to undertake a feasibility study regarding designating that person or persons as peace officers. The request and study shall be undertaken in accordance with regulations adopted by the commission. The commission may charge any person requesting a study, a fee, not to exceed the actual cost of undertaking the study. Nothing in this article shall apply to or otherwise affect the authority of the Director of Corrections, the Director of the Youth Authority, the Director of the Youthful Offender Parole Board, or the Secretary of the Youth and Adult Correctional Agency to designate peace officers as provided for in Section 830.5. (b) Any person or persons who are designated as peace officers under Chapter 4.5, (commencing with Section 830) of Title 3 of Part 2, and who desire a change in peace officer designation or status, shall request the Commission on Peace Officer Standards and Training to undertake a study to assess the need for a change in designation or status. The request and study shall be undertaken in accordance with regulations adopted by the commission. The commission may charge any person, agency, or organization requesting a study, a fee, not to exceed the actual cost of undertaking the study. (Amended by Stats. 2000, Ch. 96, Sec. 1. Effective July 7, 2000.)
  105. 13541.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 4. Peace Officers [13540 - 13542] ( Article 4 added by Stats. 1989, Ch. 1165, Sec. 41. )

    Verify source ↗

    Studies under this article must cover specified details about the job duties, structure, training methods, and funding of the persons seeking a designation change.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 4. Peace Officers [13540 - 13542] ( Article 4 added by Stats. 1989, Ch. 1165, Sec. 41. ) ## 13541. (a) Any study undertaken under this article shall include, but shall not be limited to, the current and proposed duties and responsibilities of persons employed in the category seeking the designation change, their field law enforcement duties and responsibilities, their supervisory and management structure, and their proposed training methods and funding sources. (b) A study undertaken pursuant to subdivision (b) of Section 13540 shall include, but shall not be limited to, the current and proposed duties and responsibilities of the persons employed in the category seeking the designation change and their field law enforcement duties and responsibilities, and the extent to which their current duties and responsibilities require additional peace officer powers and authority. (Amended by Stats. 2000, Ch. 96, Sec. 2. Effective July 7, 2000.)
  106. 13542.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 4. Peace Officers [13540 - 13542] ( Article 4 added by Stats. 1989, Ch. 1165, Sec. 41. )

    Verify source ↗

    The commission may give a favorable recommendation only if the requesting person, the agency, and, in one case, the person also meet specific employment, training, and certification conditions. The commission must issue and share its study and recommendations within stated time limits.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 4. Peace Officers [13540 - 13542] ( Article 4 added by Stats. 1989, Ch. 1165, Sec. 41. ) ## 13542. (a) In order for the commission to give a favorable recommendation as to a change in designation to peace officer status, the person or persons desiring the designation change shall be employed by an agency with a supervisory structure consisting of a chief law enforcement officer, the agency shall agree to comply with the training requirements set forth in Section 832, and shall be subject to the funding restriction set forth in Section 13526. The commission shall issue the study and its recommendations to the requesting person or agency within 18 months of the mutual acceptance of a contract between the requesting person or agency and the commission. A copy of that study and recommendations shall also be submitted to the Legislature. (b) (1) In order for the commission to give a favorable recommendation as to a change in peace officer designation or status, the person or persons desiring the change in peace officer designation or status shall be employed by an agency that is currently participating in the Peace Officer Standard Training program. (2) If the designation change is moving the person or persons into Section 830.1, the person or persons shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training, set forth in Section 832.4. (3) The commission shall issue the study and its recommendations, as specified in subdivision (b) of Section 13540, to the requesting person or persons, within 12 months of the mutual acceptance of a contract between the requesting person or agency and the commission, or as soon as possible thereafter if the commission shows good cause as to the need for an extension of the 12-month time period. (4) A copy of that study and recommendation shall also be submitted to the Legislature. (Amended by Stats. 2000, Ch. 96, Sec. 3. Effective July 7, 2000.)
  107. 1355.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

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    When a commission is ordered, the defendant must serve the District Attorney with the interrogatories and two days’ notice. The District Attorney may serve cross-interrogatories on the defendant or counsel, either party may add pertinent questions, and the Court or Judge must adjust the questions to the rules of evidence and approve them.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1355. When the commission is ordered, the defendant must serve upon the District Attorney, without delay, a copy of the interrogatories to be annexed thereto, with two days’ notice of the time at which they will be presented to the Court or Judge. The District Attorney may in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with the like notice. In the interrogatories either party may insert any questions pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the Court or Judge, according to the notice given, the Court or Judge must modify the questions so as to conform them to the rules of evidence, and must indorse upon them his allowance and annex them to the commission. (Enacted 1872.)
  108. 13550.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. )

    Verify source ↗

    This section defines “local law enforcement” and “accreditation” for the article.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. ) ## 13550. For the purposes of this article the following terms apply: (a) “Local law enforcement” means city police and county sheriffs’ departments. (b) “Accreditation” means meeting and maintaining standards that render the agency eligible for certification by ascribing to publicly recognized principles for the professional operation of local law enforcement agencies. (Added by Stats. 1992, Ch. 1249, Sec. 5. Effective January 1, 1993.)
  109. 13551.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. )

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    The commission must develop accreditation regulations and professional standards if funding is approved, the program must provide standards for law enforcement agencies, and the commission may later amend or add standards.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. ) ## 13551. (a) The Commission on Peace Officer Standards and Training shall develop regulations and professional standards for the law enforcement accreditation program when funding for this purpose from nongeneral funds is approved by the Legislature. The program shall provide standards for the operation of law enforcement agencies and shall be available as soon as practical after funding becomes available. The standards shall serve as a basis for the uniform operation of law enforcement agencies throughout the state to best serve the interests of the people of this state. (b) The commission may, from time to time, amend the regulations and standards or adopt new standards relating to the accreditation program. (Amended by Stats. 1996, Ch. 591, Sec. 2. Effective January 1, 1997.)
  110. 13552.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. )

    Verify source ↗

    Only police departments, sheriffs’ departments, and the California Highway Patrol may participate in the accreditation program, and participation is voluntary.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. ) ## 13552. (a) Participation in this accreditation program is limited to police departments, sheriffs’ departments, and the California Highway Patrol. Other law enforcement agencies shall be eligible for accreditation after January 1, 1998. (b) Participation shall be voluntary and shall be initiated upon the application of the chief executive officer of each agency. (Amended by Stats. 1994, Ch. 43, Sec. 5. Effective January 1, 1995.)
  111. 13553.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. )

    Verify source ↗

    A law enforcement agency may set standards that are higher than the commission’s minimum accreditation standards.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS [13500 - 13553] ( Title 4 added by Stats. 1959, Ch. 1823. ) ## CHAPTER 1. Commission on Peace Officer Standards and Training [13500 - 13553] ( Chapter 1 added by Stats. 1959, Ch. 1823. ) ## ARTICLE 5. Local Law Enforcement Accreditation [13550 - 13553] ( Article 5 added by Stats. 1992, Ch. 1249, Sec. 5. ) ## 13553. Nothing in this article shall prohibit a law enforcement agency from establishing standards that exceed the minimum accreditation standards set by the commission. (Added by Stats. 1992, Ch. 1249, Sec. 5. Effective January 1, 1993.)
  112. 1356.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Unless the parties consent, the Court or Judge must write on the commission how it is to be returned, and may choose return by mail or another method.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1356. Unless the parties otherwise consent, by an indorsement upon the commission, the Court or Judge must indorse thereon a direction as to the manner in which it must be returned, and may, in his discretion, direct that it be returned by mail or otherwise, addressed to the Clerk of the Court in which the action is pending, designating his name and the place where his office is kept. (Enacted 1872.)
  113. 1357.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

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    The commissioner may follow the listed order for taking and handling a witness examination, unless specially directed 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1357. The commissioner, unless otherwise specially directed, may execute the commission in the following order: (a) He or she shall publicly administer an oath to the witness that his or her answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth. (b) He or she shall cause the examination of the witness to be reduced to writing and subscribed by the witness. (c) He or she shall write the answers of the witness as near as possible in the language in which he or she gives them, and read to the witness each answer as it is taken down, and correct or add to it until it conforms to what he or she declares is the truth. (d) If the witness declines to answer a question, that fact, with the reason assigned by him or her for declining, shall be stated. (e) If any papers or documents are produced before him or her and proved by the witness, they, or copies of them, shall be annexed to the deposition subscribed by the witness and certified by the commissioner. (f) The commissioner shall subscribe his or her name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, and shall close it up under seal, and address it as directed by the indorsement thereon. (g) If there is a direction on the commission to return it by mail, the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by the written consent of the parties, or by the court or judge, on the commission, as to its return, the commissioner shall comply with the direction. A copy of this section shall be annexed to the commission. (Amended by Stats. 1989, Ch. 1360, Sec. 115.)
  114. 1358.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If a commissioner delivers the commission and return to an agent, the agent must take it to the clerk or the judge, and the clerk or judge may receive and open it only after the agent swears an affidavit about receipt and that it has not been opened or altered.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1358. If the commission and return be delivered by the Commissioner to an agent, he must deliver the same to the Clerk to whom it is directed, or to the Judge of the Court in which the action is pending, by whom it may be received and opened, upon the agent making affidavit that he received it from the hands of the Commissioner, and that it has not been opened or altered since he received it. (Amended by Code Amendments 1880, Ch. 47.)
  115. 1359.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If the agent cannot personally deliver and return the commission, a clerk or judge may receive it from another person if an affidavit is made.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1359. If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be received by the Clerk or Judge from any other person, upon his making an affidavit that he received it from the agent; that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the Commissioner. (Enacted 1872.)
  116. 136.

    ## 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. )

    Verify source ↗

    This section defines “malice,” “witness,” and “victim” for this chapter.

    ## 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. ) ## 136. As used in this chapter: (1) “Malice” means an intent to vex, annoy, harm, or injure in any way another person, or to thwart or interfere in any manner with the orderly administration of justice. (2) “Witness” means any natural person, (i) having knowledge of the existence or nonexistence of facts relating to any crime, or (ii) whose declaration under oath is received or has been received as evidence for any purpose, or (iii) who has reported any crime to any peace officer, prosecutor, probation or parole officer, correctional officer or judicial officer, or (iv) who has been served with a subpoena issued under the authority of any court in the state, or of any other state or of the United States, or (v) who would be believed by any reasonable person to be an individual described in subparagraphs (i) to (iv), inclusive. (3) “Victim” means any natural person with respect to whom there is reason to believe that any crime as defined under the laws of this state or any other state or of the United States is being or has been perpetrated or attempted to be perpetrated. (Repealed and added by Stats. 1980, Ch. 686, Sec. 2.)
  117. 136.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. )

    Verify source ↗

    This section makes it a crime to knowingly and maliciously prevent or try to prevent a witness, victim, or crime victim from testifying, reporting, prosecuting, or causing an arrest, and it adds felony punishment when force, conspiracy, prior conviction, or pecuniary gain is involved.

    ## 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. ) ## 136.1. (a) Except as provided in subdivision (c), a person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (1) Knowingly and maliciously prevents or dissuades a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law. (2) Knowingly and maliciously attempts to prevent or dissuade a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law. (3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice. (b) Except as provided in subdivision (c), a person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (1) Making a report of that victimization to a peace officer, a state or local law enforcement officer, a probation, parole, or correctional officer, a prosecuting agency, or a judge. (2) Causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or assisting in the prosecution thereof. (3) Arresting or causing or seeking the arrest of a person in connection with that victimization. (c) A person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances: (1) If the act is accompanied by force or by an express or implied threat of force or violence, upon a witness, victim, or any third person or the property of a victim, witness, or any third person. (2) If the act is in furtherance of a conspiracy. (3) If the act is committed by a person who has been convicted of a violation of this section, a predecessor law, a federal statute, or a statute of any other state that, if the act prosecuted was committed in this state, would be a violation of this section. (4) If the act is committed by a person for pecuniary gain or for any other consideration acting upon the request of any other person. All parties to the transaction are guilty of a felony. (d) A person attempting the commission of an act described in subdivision (a), (b), or (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, is not a defense against prosecution under this section. (e) This section does not preclude the imposition of an enhancement for great bodily injury if the injury inflicted is significant or substantial. (f) The use of force during the commission of an offense described in subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b) of Section 1170. (Amended by Stats. 2025, Ch. 373, Sec. 1. (AB 535) Effective January 1, 2026.)
  118. 136.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. )

    Verify source ↗

    A court may issue protective orders for victims or witnesses when harm, intimidation, or dissuasion is likely, and certain defendants may be barred from contacting victims, witnesses, or possessing firearms.

    ## 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. ) ## 136.2. (a) (1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following: (A) An order issued pursuant to Section 6320 of the Family Code. (B) An order that a defendant shall not violate any provision of Section 136.1. (C) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, shall not violate any provision of Section 136.1. (D) An order that a person described in this section shall have no communication whatsoever with a specified witness or a victim except through an attorney under reasonable restrictions that the court may impose. (E) An order calling for a hearing to determine if an order described in subparagraphs (A) to (D), inclusive, should be issued. (F) (i) An order that a particular law enforcement agency within the jurisdiction of the court provide protection for a victim, witness, or both, or for immediate family members of a victim or a witness who reside in the same household as the victim or witness or within reasonable proximity of the victim’s or witness’ household, as determined by the court. The order shall not be made without the consent of the law enforcement agency except for limited and specified periods of time and upon an express finding by the court of a clear and present danger of harm to the victim or witness or immediate family members of the victim or witness. (ii) For purposes of this paragraph, “immediate family members” include the spouse, children, or parents of the victim or witness. (G) (i) An order protecting a victim or witness of violent crime from all contact by the defendant or contact with the intent to annoy, harass, threaten, or commit acts of violence by the defendant. The court or its designee shall transmit orders made under this paragraph to law enforcement personnel within one business day of the issuance, modification, extension, or termination of the order pursuant to subdivision (a) of Section 6380 of the Family Code. It is the responsibility of the court to transmit the modification, extension, or termination orders made under this paragraph to the same agency that entered the original protective order into the California Restraining and Protective Order System. (ii) (I) If a court does not issue an order pursuant to clause (i) when the defendant is charged with a crime involving domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, the court, on its own motion, shall consider issuing a protective order upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, that provides as follows: (ia) The defendant shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm while the protective order is in effect. (ib) The defendant shall relinquish ownership or possession of any firearms pursuant to Section 527.9 of the Code of Civil Procedure. (II) A person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm while this protective order is in effect is punishable pursuant to Section 29825. (iii) An order issued, modified, extended, or terminated by a court pursuant to this subparagraph shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not make the order unenforceable. (iv) A protective order issued under this subparagraph may require the defendant to be placed on electronic monitoring if the local government, with the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The duration of electronic monitoring shall not exceed one year from the date the order is issued. The electronic monitoring shall not be in place if the protective order is not in place. (2) For purposes of this subdivision, a minor who was not a victim of, but who was physically present at the time of, an act of domestic violence is a witness and is deemed to have suffered harm within the meaning of paragraph (1). (b) A person violating an order made pursuant to subparagraphs (A) to (G), inclusive, of paragraph (1) of subdivision (a) may be punished for a substantive offense described in Section 136.1 or for a contempt of the court making the order. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1. However, a person held in contempt shall be entitled to credit for punishment imposed therein against a sentence imposed upon conviction of an offense described in Section 136.1. A conviction or acquittal for a substantive offense under Section 136.1 shall be a bar to a subsequent punishment for contempt arising out of the same act. (c) (1) (A) Notwithstanding subdivision (e), an emergency protective order issued pursuant to Chapter 2 (commencing with Section 6250) of Part 3 of Division 10 of the Family Code or Section 646.91 shall have precedence in enforcement over any other restraining or protective order, provided the emergency protective order meets all of the following requirements: (i) The emergency protective order is issued to protect one or more individuals who are already protected persons under another restraining or protective order. (ii) The emergency protective order restrains the individual who is the restrained person in the other restraining or protective order specified in clause (i). (iii) The provisions of the emergency protective order are more restrictive in relation to the restrained person than are the provisions of the other restraining or protective order specified in clause (i). (B) An emergency protective order that meets the requirements of subparagraph (A) shall have precedence in enforcement over the provisions of any other restraining or protective order only with respect to those provisions of the emergency protective order that are more restrictive in relation to the restrained person. (2) Except as described in paragraph (1), a no-contact order, as described in Section 6320 of the Family Code, shall have precedence in enforcement over any other restraining or protective order. (d) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, or receive, or attempt to purchase or receive, a firearm while the protective order is in effect. (2) The court shall order a person subject to a protective order issued under this section to relinquish ownership or possession of any firearms pursuant to Section 527.9 of the Code of Civil Procedure. (3) A person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825. (e) (1) When the defendant is charged with a crime involving domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a violation of Section 261, 261.5, or former Section 262, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, including, but not limited to, commercial sexual exploitation of a minor in violation of Section 236.1, the court shall consider issuing the above-described orders on its own motion. All interested parties shall receive a copy of those orders. To facilitate this, the court’s records of all criminal cases involving domestic violence, a violation of Section 261, 261.5, or former Section 262, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, including, but not limited to, commercial sexual exploitation of a minor in violation of Section 236.1, shall be marked to clearly alert the court to this issue. (2) When a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, a violation of Section 261, 261.5, or former Section 262, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, including, but not limited to, commercial sexual exploitation of a minor in violation of Section 236.1, has been issued, except as described in subdivision (c), a restraining order or protective order against the defendant issued by the criminal court in that case has precedence in enforcement over a civil court order against the defendant. (3) Custody and visitation with respect to the defendant and the defendant’s minor children may be ordered by a family or juvenile court consistent with the protocol established pursuant to subdivision (f), but if it is ordered after a criminal protective order has been issued pursuant to this section, the custody and visitation order shall make reference to and, if there is not an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) or a no-contact order, as described in Section 6320 of the Family Code, acknowledge the precedence of enforcement of an appropriate criminal protective order. On or before July 1, 2014, the Judicial Council shall modify the criminal and civil court forms consistent with this subdivision. (f) On or before January 1, 2003, the Judicial Council shall promulgate a protocol, for adoption by each local court in substantially similar terms, to provide for the timely coordination of all orders against the same defendant and in favor of the same named victim or victims. The protocol shall include, but shall not be limited to, mechanisms for ensuring appropriate communication and information sharing between criminal, family, and juvenile courts concerning orders and cases that involve the same parties and shall permit a family or juvenile court order to coexist with a criminal court protective order subject to the following conditions: (1) An order that permits contact between the restrained person and the person’s children shall provide for the safe exchange of the children and shall not contain language, either printed or handwritten, that violates a “no-contact order” issued by a criminal court. (2) The safety of all parties shall be the courts’ paramount concern. The family or juvenile court shall specify the time, day, place, and manner of transfer of the child as provided in Section 3100 of the Family Code. (g) On or before January 1, 2003, the Judicial Council shall modify the criminal and civil court protective order forms consistent with this section. (h) (1) When a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, has been filed, the court may consider, in determining whether good cause exists to issue an order under subparagraph (A) of paragraph (1) of subdivision (a), the underlying nature of the offense charged and the information provided to the court pursuant to Section 273.75. (2) When a complaint, information, or indictment charging a violation of Section 261, 261.5, or former Section 262, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, including, but not limited to, commercial sexual exploitation of a minor in violation of Section 236.1, has been filed, the court may consider, in determining whether good cause exists to issue an order under paragraph (1) of subdivision (a), the underlying nature of the offense charged, the defendant’s relationship to the victim, the likelihood of continuing harm to the victim, any current restraining order or protective order issued by a civil or criminal court involving the defendant, and the defendant’s criminal history, including, but not limited to, prior convictions for a violation of Section 261, 261.5, or former Section 262, a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, including, but not limited to, commercial sexual exploitation of a minor in violation of Section 236.1, any other forms of violence, or a weapons offense. (i) (1) When a criminal defendant has been convicted of a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, a violation of subdivision (a), (b), or (c) of Section 236.1 prohibiting human trafficking, Section 261, 261.5, former Section 262, subdivision (a) of Section 266h, or subdivision (a) of Section 266i, a violation of Section 186.22, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with a victim of the crime. The order may be valid for up to 10 years, as determined by the court. This protective order may be issued by the court regardless of whether the defendant is sentenced to the state prison or a county jail, whether the defendant is subject to mandatory supervision, or whether imposition of sentence is suspended and the defendant is placed on probation. The order may be modified by the sentencing court in the county in which it was issued throughout the duration of the order. It is the intent of the Legislature in enacting this subdivision that the duration of a restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, the safety of a victim and the victim’s immediate family, and any information provided to the court pursuant to Section 273.75. (2) When a criminal defendant has been convicted of a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, a violation of Section 261, 261.5, or former Section 262, a violation of Section 186.22, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with a percipient witness to the crime if it can be established by clear and convincing evidence that the witness has been harassed, as defined in paragraph (3) of subdivision (b) of Section 527.6 of the Code of Civil Procedure, by the defendant. (3) An order under this subdivision may include provisions for electronic monitoring if the local government, upon receiving the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy authorizing electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order the electronic monitoring to be paid for by the local government that adopted the policy authorizing electronic monitoring. The duration of the electronic monitoring shall not exceed one year from the date the order is issued. (j) For purposes of this section, “local government” means the county that has jurisdiction over the protective order. (Amended by Stats. 2024, Ch. 538, Sec. 1. (AB 2907) Effective January 1, 2025.)
  119. 136.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 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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    The court must generally order an enjoined party not to try to find the address or location of a protected party or certain family members, unless there is good cause not to do so. The Judicial Council must also create the forms needed to carry out this section.

    ## 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. ) ## 136.3. (a) The court shall order that any party enjoined pursuant to Section 136.2 be prohibited from taking any action to obtain the address or location of a protected party or a protected party’s family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. (Added by Stats. 2005, Ch. 472, Sec. 4. Effective January 1, 2006.)
  120. 136.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 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 who carries a deadly weapon on their person with intent to use it to violate Section 136.1 commits an offense.

    ## 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. ) ## 136.5. Any person who has upon his person a deadly weapon with the intent to use such weapon to commit a violation of Section 136.1 is guilty of an offense punishable by imprisonment in the county jail for not more than one year, or in the state prison. (Added by Stats. 1982, Ch. 1101, Sec. 1.)
  121. 136.7.

    ## 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 prisoner convicted of a sexual offense must not knowingly reveal a witness’s or victim’s name and address to another prisoner for intimidation or harassment purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses [132 - 141] ( Heading of Chapter 6 amended by Stats. 1985, Ch. 962, Sec. 2. ) ## 136.7. (a) Every person imprisoned in a county jail or the state prison who has been convicted of a sexual offense, including, but not limited to, a violation of Section 243.4, 261, 261.5, 264.1, 266, 266a, 266b, 266c, 266f, 285, 286, 287, 288, or 289, or former Section 262 or 288a, who knowingly reveals the name and address of a witness or victim to that offense to any other prisoner with the intent that the other prisoner will intimidate or harass the witness or victim through the initiation of unauthorized correspondence with the witness or victim, is guilty of a public offense, punishable by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) This section shall not prevent the interviewing of witnesses. (Amended by Stats. 2021, Ch. 626, Sec. 15. (AB 1171) Effective January 1, 2022.)
  122. 1360.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

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    The clerk or judge who receives and opens a commission and return must immediately file it with the related affidavit in the clerk’s office of the court where the indictment is pending. If the papers are mailed, the addressed clerk must collect them from the post office, open and file them, and keep them in the office unless the court or judge directs 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1360. The clerk or judge receiving and opening the commission and return shall immediately file it, with the affidavit mentioned in Sections 1358 and 1359, in the office of the clerk of the court in which the indictment is pending. If the commission and return is transmitted by mail, the clerk to whom it is addressed shall receive it from the post office, and open and file it in his or her office, where it must remain, unless otherwise directed by the court or judge. (Amended by Stats. 1987, Ch. 828, Sec. 89.)
  123. 13600.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. )

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    The CPOST executive board must adopt operating rules, appoint alternates, avoid proxy voting, and seek expert advice; it may use telephone votes for tentative approval.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. ) ## 13600. (a) (1) The Legislature finds and declares that peace officers of the state correctional system, including youth and adult correctional facilities, fulfill responsibilities that require creation and application of sound selection criteria for applicants and standards for their training prior to assuming their duties. For the purposes of this section, correctional peace officers are peace officers as defined in Section 830.5 and employed or designated by the Department of Corrections and Rehabilitation. (2) The Legislature further finds that sound applicant selection and training are essential to public safety and in carrying out the missions of the Department of Corrections and Rehabilitation in the custody and care of the state’s offender population. The greater degree of professionalism which will result from sound screening criteria and a significant training curriculum will greatly aid the department in maintaining smooth, efficient, and safe operations and effective programs. (b) There is within the Department of Corrections and Rehabilitation a Commission on Correctional Peace Officer Standards and Training, hereafter referred to, for purposes of this title, as the CPOST. (c) (1) The executive board of the CPOST shall be composed of six voting members. (A) Three members from, appointed by, and representing the management of, the Department of Corrections and Rehabilitation, one of whom shall represent the Division of Juvenile Justice until June 30, 2023, and the Division of Adult Parole Operations after June 30, 2023, or the Division of Rehabilitative Programs. (B) Three members from, and appointed by the Governor upon recommendation by, and representing the membership of, the California Correctional Peace Officers’ Association. Two members shall be rank-and-file persons from State Bargaining Unit 6 and one member shall be supervisory. (C) Appointments shall be for four years. (D) Promotion of a member of the CPOST shall invalidate the appointment of that member and shall require the recommendation and appointment of a new member if the member was appointed from rank and file or from supervisory personnel and promoted out of their respective rank and file or supervisory position during their term on the CPOST. (2) Each appointing authority shall appoint one alternate member for each regular member who it appoints pursuant to paragraph (1). Every alternate member shall possess the same qualifications as a regular member and shall substitute for, and vote in place of, a regular member who was appointed by the same appointing authority whenever a regular member is absent. (d) The rules for voting on the executive board of the CPOST shall be as follows: (1) Decisions shall be made by a majority vote. (2) Proxy voting shall not be permitted. (3) Tentative approval of a decision by the CPOST may be taken by a telephone vote. The CPOST members’ decision shall be documented in writing and submitted to the CPOST for confirmation at the next scheduled CPOST meeting so as to become a part of the permanent record. (e) The executive board of the CPOST shall adopt rules as it deems necessary for efficient operations, including, but not limited to, the appointment of advisory members for forming whatever committees it deems necessary to conduct its business. These rules shall conform to the State Personnel Board’s rules and regulations, the Department of Human Resources’ rules and regulations, and the provisions of the State Bargaining Unit 6 memorandum of understanding. (f) The executive board shall seek advice from national experts, including university and college institutions and correctional associations, on issues pertaining to adult corrections, juvenile justice, and the training of the Department of Corrections and Rehabilitation staff that are relevant to its mission. To this end, the executive board shall seek information from experts with the most specific knowledge concerning the subject matter. (g) This section shall be operative on July 1, 2015. (Amended by Stats. 2021, Ch. 434, Sec. 19. (SB 827) Effective January 1, 2022.)
  124. 13601.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. )

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    CPOST must set and oversee training and selection standards for state correctional peace officer apprentices, and related agencies must carry out approval, screening, training, and compliance tasks.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. ) ## 13601. (a) (1) The CPOST shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices. (2) Any standard for selection established under this subdivision shall be subject to approval by the Department of Human Resources. Using the psychological and screening standards approved by the Department of Human Resources, the Department of Human Resources or the Department of Corrections and Rehabilitation shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer the Department of Corrections and Rehabilitation, is determined to be free from emotional or mental conditions that might adversely affect the exercise of his or her duties and powers as a peace officer pursuant to the standards developed by CPOST. (3) When developing, approving, and monitoring the standards for training of state correctional peace officer apprentices, the CPOST shall consider including additional training in the areas of mental health and rehabilitation, as well as coursework on the theory and history of corrections. (b) The CPOST may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting. (c) Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the CPOST subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code. (d) The CPOST shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, he or she shall be provided with and be required to complete these secondary training experiences. (e) The CPOST shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties. (f) Toward the accomplishment of the objectives of this section, the CPOST may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions. (g) Notwithstanding the authority of the CPOST, the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support. The CPOST shall monitor program compliance by the department. (h) The CPOST may disapprove any training courses created by the department pursuant to the standards developed by CPOST if it determines that the courses do not meet the prescribed standards. Training may continue with existing curriculum pending resolution. (i) The CPOST shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by the CPOST, and shall conduct those inquiries and audits consistent with the annual Budget Act. (j) The CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding the CPOST rules, regulations, standards, or decisions. (Amended by Stats. 2016, Ch. 33, Sec. 36. (SB 843) Effective June 27, 2016.)
  125. 13602.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. )

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    The Department of Corrections and Rehabilitation must follow CPOST training standards, and several categories of new staff must complete specified training before performing certain correctional duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. ) ## 13602. (a) The Department of Corrections and Rehabilitation shall adhere to the training standards developed by CPOST at all locations where training is provided. The Department of Corrections and Rehabilitation training academy at Galt shall be known as the Richard A. McGee Academy. The training divisions, in using the funds, shall endeavor to minimize costs of administration so that a maximum amount of the funds will be used for providing training and support to correctional peace officers while being trained by the department. (b) Each new cadet who attends an academy shall complete the course of training, pursuant to standards approved by the CPOST before they may be assigned to a post or job as a correctional peace officer. Commencing July 1, 2021, upon graduation from an academy, each new correctional officer shall complete new employee orientation and on-the-job observational training as negotiated and approved by the CPOST, totaling a minimum of 160 hours, before they may be assigned to a post as a correctional officer. Every newly appointed first-line or second-line supervisor in the Department of Corrections and Rehabilitation shall complete the course of training, pursuant to standards approved by the CPOST for that position. (c) The Department of Corrections and Rehabilitation shall provide a minimum of two weeks of training to each newly appointed first-line supervisor and make every effort to provide training prior to commencement of supervisorial duties. If this training is not completed within six months of appointment to that position, any first-line or second-line supervisor shall not perform supervisory duties until the training is completed. (Amended by Stats. 2021, Ch. 80, Sec. 23. (AB 145) Effective July 16, 2021.)
  126. 13602.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. )

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    The Department of Corrections and Rehabilitation may establish a training academy for correctional peace officers in southern California.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. ) ## 13602.1. The Department of Corrections and Rehabilitation may establish a training academy for correctional peace officers in southern California. (Amended by Stats. 2015, Ch. 26, Sec. 39. (SB 85) Effective June 24, 2015.)
  127. 13603.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. )

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    The Department of Corrections and Rehabilitation must provide specified training hours to correctional peace officer cadets, and cadets must finish the training before being assigned to a post or position.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING [13600 - 13603] ( Title 4.5 heading added by Stats. 2011, Ch. 136, Sec. 8. ) ## 13603. (a) The Department of Corrections and Rehabilitation shall, until July 1, 2021, provide 520 hours of training to each correctional peace officer cadet. The department shall provide a minimum of 480 hours of training to each correctional peace officer cadet who commences training on or after July 1, 2021. This training shall be completed by the cadet prior to their assignment to a post or position as a correctional peace officer. (b) The CPOST shall determine the on-the-job training requirements for correctional peace officers. (c) Training standards previously established pursuant to this section shall remain in effect until training requirements are established by the CPOST pursuant to Section 13602. (Amended by Stats. 2021, Ch. 80, Sec. 24. (AB 145) Effective July 16, 2021.)
  128. 1361.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

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    The commission and return must be open to inspection by the parties, and the Clerk must provide copies on payment of fees.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1361. The commission and return must at all times be open to the inspection of the parties, who must be furnished by the Clerk with copies of the same or of any part thereof, on payment of his fees. (Enacted 1872.)
  129. 1362.

    ## 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. )

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    Either party may read commission depositions at trial if the court finds the witness unavailable, and may raise the same objections to interrogatory questions or deposition answers as at oral 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 5. Examination of Witnesses on Commission [1349 - 1362] ( Chapter 5 enacted 1872. ) ## 1362. The depositions taken under the commission may be read in evidence by either party on the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question in the interrogatories or to an answer in the deposition as if the witness had been examined orally in court. (Amended by Stats. 1965, Ch. 299.)
  130. 13650.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    The Commission on Peace Officer Standards and Training and each local law enforcement agency must post specified current materials on their websites.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13650. Commencing January 1, 2020, the Commission on Peace Officer Standards and Training and each local law enforcement agency shall conspicuously post on their internet websites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made 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. 350. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  131. 13651.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Police departments, sheriff’s offices, and similar employers of peace officers must review and revise hiring job descriptions to emphasize community-based policing and related collaboration, while de-emphasizing paramilitary aspects.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13651. (a) Every police department, sheriff’s office, or other entity that employs peace officers shall review the job description that is used in the recruitment and hiring of those peace officers and shall make changes that emphasize community-based policing, familiarization between law enforcement and community residents, and collaborative problem solving, while de-emphasizing the paramilitary aspects of the job. (b) This section is not intended to alter the required duties of any peace officer. (c) The Legislature finds and declares that changes to these job descriptions are necessary to allow peace officers to feel like the public can trust law enforcement and to implement problem-solving policing and intelligence-led policing strategies in contrast with reactive policing strategies. (Added by Stats. 2020, Ch. 322, Sec. 3. (AB 846) Effective January 1, 2021.)
  132. 13652.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Law enforcement agencies generally may not use kinetic energy projectiles or chemical agents to disperse assemblies, protests, or demonstrations, except under the subdivision (b) conditions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13652. (a) Except as otherwise provided in subdivision (b), kinetic energy projectiles and chemical agents shall not be used by any law enforcement agency to disperse any assembly, protest, or demonstration. (b) Kinetic energy projectiles and chemical agents shall only be deployed by a peace officer that has received training on their proper use by the Commission on Peace Officer Standards and Training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control, and only in accordance with all of the following requirements: (1) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed. (2) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (3) Persons are given an objectively reasonable opportunity to disperse and leave the scene. (4) An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of persons. (5) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (6) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets. (7) An objectively reasonable effort has been made to extract individuals in distress. (8) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (9) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs. (10) Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency solely due to any of the following: (A) A violation of an imposed curfew. (B) A verbal threat. (C) Noncompliance with a law enforcement directive. (11) If the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas. (c) This section does not prevent a law enforcement agency from adopting more stringent policies. (d) For the purposes of this section, the following terms have the following meanings: (1) “Kinetic energy projectiles” means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds. (2) “Chemical agents” means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2-chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum. (e) This section does not apply within any county detention facility or any correctional facility of the Department of Corrections and Rehabilitation. (Amended by Stats. 2025, Ch. 241, Sec. 60. (SB 857) Effective January 1, 2026.)
  133. 13652.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Law enforcement agencies must post a website summary within 60 days of each incident involving certain crowd-control uses of kinetic energy projectiles or chemical agents, with a possible 30-day extension for just cause.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13652.1. (a) Each law enforcement agency shall, within 60 days of each incident, publish a summary on its internet website of all instances in which a peace officer employed by that agency uses a kinetic energy projectile or chemical agent, as those terms are defined in Section 13652, for crowd control. However, an agency may extend that period for another 30 days if they demonstrate just cause, but in no case longer than 90 days from the time of the incident. (b) For each incident reported under subdivision (a), the summary shall be limited to that information known to the agency at the time of the report and shall include only the following: (1) A description of the assembly, protest, demonstration, or incident, including the approximate crowd size and the number of officers involved. (2) The type of kinetic energy projectile or chemical agent deployed. (3) The number of rounds or quantity of chemical agent dispersed, as applicable. (4) The number of documented injuries as a result of the kinetic energy projectile or chemical agent deployment. (5) The justification for using the kinetic energy projectile or chemical agent, including any de-escalation tactics or protocols and other measures that were taken at the time of the event to de-escalate tensions and avoid the necessity of using the kinetic energy projectile or chemical agent. (c) The Department of Justice shall post on its internet website a compiled list linking each law enforcement agency’s reports posted pursuant to subdivision (a). (Amended by Stats. 2025, Ch. 241, Sec. 61. (SB 857) Effective January 1, 2026.)
  134. 13653.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    A peace officer may request identification from an alleged law enforcement officer when there is probable cause or reasonable suspicion that the person committed a crime.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13653. (a) A peace officer, as defined in Section 830, may request an alleged law enforcement officer to present identification when there is probable cause or reasonable suspicion to believe the alleged law enforcement officer has committed a crime, including, but not limited to, impersonating a peace officer in violation of subdivisions (a), (b), or (c), of Section 538d. (b) For purposes of this section, “law enforcement officer” includes a peace officer, as defined in Section 830, and any federal law enforcement officer. (Added by Stats. 2025, Ch. 126, Sec. 9. (SB 805) Effective September 20, 2025.)
  135. 13654.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Certain non-uniformed California law enforcement officers must visibly display agency and name or badge identification while performing enforcement duties, unless an exemption applies.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13654. (a) A law enforcement officer operating in California that is not uniformed, and therefore is not required to clearly display identification pursuant to Section 830.10, shall visibly display identification that includes their agency and either a name or badge number or both name and badge number when performing their enforcement duties, unless expressly exempt under subdivision (b). (b) This section does not apply to any of the following: (1) An officer engaged in active undercover operations or investigative activities. (2) An officer engaged in plainclothes operations who is employed within the California Business, Consumer Services, and Housing Agency, California Health and Human Services Agency, California Labor and Workforce Development Agency, California Natural Resources Agency, California Department of Corrections and Rehabilitation, California Transportation Agency, California Environmental Protection Agency, California Government Operations Agency, or within any department, board, commission, or other entity in those agencies or the federal equivalents of these state agencies. (3) An officer wearing personal protective equipment that prevents display. (4) Exigent circumstances, involving an imminent danger to persons or property, or the escape of a perpetrator, or the destruction of evidence, including if the officer is responding to those circumstances while off-duty. (5) An officer assigned to Special Weapons and Tactics (SWAT) or tactical team units and actively performing their SWAT or tactical team responsibilities. (6) An officer engaged in protective operations involving elected officials, judicial officers, or other designated dignitaries where the display of identification would compromise the safety, anonymity, or tactical effectiveness of the protection detail. (c) A willful and knowing violation of this section is punishable as a misdemeanor. (d) For the purposes of this section, the following terms have the following meanings: (1) “Enforcement duties” means active and planned operations involving the arrest or detention of an individual, or deployment for crowd control purposes. (2) “Law enforcement officer” means a peace officer as defined in Section 830, and any federal law enforcement officer. (e) This section, and the penalties established herein, shall not apply to any law enforcement agency, or its personnel, if that agency maintains and publicly posts a written policy pursuant to Section 7288 of the Government Code. (f) This section shall become operative on January 1, 2026. (Added by Stats. 2025, Ch. 126, Sec. 10. (SB 805) Effective September 20, 2025. Operative January 1, 2026, by its own provisions.)
  136. 13655.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Departments or agencies that employ peace officers may not let employees wear uniforms that look substantially like U.S. Armed Forces or state active militia uniforms, or uniforms made of camouflage material.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13655. (a) A department or agency that employs peace officers shall not authorize or allow its employees to wear a uniform that is substantially similar to any uniform of the United States Armed Forces or state active militia. (b) A department or agency that employs peace officers shall not authorize or allow its employees to wear a uniform that is made from a camouflage printed or patterned material. (c) For purposes of subdivision (a), a uniform is “substantially similar” if it so resembles an official uniform of the United States Armed Forces or state active militia as to cause an ordinary reasonable person to believe that the person wearing the uniform is a member of the United States Armed Forces or state active militia. A uniform shall not be deemed to be substantially similar to a uniform of the United States Armed Forces or state active militia if it includes at least two of the following three components: a badge or star or facsimile thereof mounted on the chest area, a patch on one or both sleeves displaying the insignia of the employing agency or entity, and the word “Police” or “Sheriff” prominently displayed across the back or chest area of the uniform. (d) This section applies to personnel who are assigned to uniformed patrol, uniformed crime suppression, or uniformed duty at an event or disturbance, including any personnel that respond to assist at a protest, demonstration, or similar disturbance. It does not apply to members of a Special Weapons and Tactics (SWAT) team, sniper team, or tactical team engaged in a tactical response or operation. (e) This section does not apply to the Department of Fish and Wildlife. (Added by Stats. 2020, Ch. 336, Sec. 1. (SB 480) Effective January 1, 2021.)
  137. 13660.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    A law enforcement agency that allows peace officers to carry an electroshock device must prohibit it from being carried on the same side of the body as the officer’s primary firearm.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13660. (a) Any law enforcement agency that authorizes peace officers to carry an electroshock device shall prohibit that device from being holstered or otherwise carried on the same lateral side of the officer’s body as the officer’s primary firearm is holstered or otherwise carried. (b) As used in this section, the following terms have the following meanings: (1) “Electroshock device” means a taser, stun gun, or similar weapon that is designed to temporarily incapacitate a person through the controlled delivery of an electric shock, and is designed to be held in a manner similar to a pistol and operated using a finger trigger. (2) “Law enforcement agency” means any agency or department of the state, or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (Added by Stats. 2022, Ch. 945, Sec. 1. (AB 1406) Effective January 1, 2023.)
  138. 13663.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Law enforcement agencies must require AI-generated official reports to identify the AI used, include a notice that AI was used, and be signed by the preparer.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13663. (a) Each law enforcement agency shall maintain a policy to require an official report prepared by a law enforcement officer or any member of a law enforcement agency that is generated using artificial intelligence either fully or partially to contain both of the following: (1) On each page of the official report, or within the body of the text, identify every specific artificial intelligence program used in a manner that makes such identification readily apparent to the reader and prominently state the following: “This report was written either fully or in part using artificial intelligence.” (2) The signature of the law enforcement officer or member of a law enforcement agency who prepared the official report, either in physical or electronic form, verifying that they reviewed the contents of that report and that the facts contained in the official report are true and correct. (b) (1) If a law enforcement officer or any member of a law enforcement agency uses artificial intelligence to create an official report, whether fully or partially, the first draft created shall be retained by the agency for as long as the official report is retained. (2) Except for the official report, a draft of any report created with the use of artificial intelligence shall not constitute an officer’s statement. (c) The agency utilizing artificial intelligence to generate a first draft or official report shall maintain an audit trail for as long as the official report is retained that, at a minimum, identifies both of the following: (1) The person who used artificial intelligence to create a report. (2) The video and audio footage used to create a report, if any. (d) (1) A contracted vendor shall not share, sell, or otherwise use information provided by a law enforcement agency to be processed by artificial intelligence except for either of the following purposes: (A) The contracted law enforcement agency’s purposes. (B) Pursuant to a court order. (2) A contracted vendor may access data processed by artificial intelligence for the purposes of troubleshooting, bias mitigation, accuracy improvement, or system refinement. (e) For purposes of this section, the following definitions apply: (1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. “Artificial intelligence” as used in this section applies to artificial intelligence systems that automatically draft police report narratives based upon an analysis of in-car or dash-mounted cameras, or body-worn camera audio or video, and artificial intelligence systems that analyze a law enforcement officer’s dictated report to generate a police report narrative automatically enhanced by generative artificial intelligence. (2) “Contracted vendor” means a third party which has made artificial intelligence available to law enforcement for the purpose of generating a draft police report. (3) “First draft” means the initial document or narrative produced solely by artificial intelligence. (4) “Law enforcement agency” means any department or agency of the state or any local government, special district, or other political subdivision thereof, that employs any peace officer, as described in Section 830. (5) “Official report” means the final version of the report that is signed by the officer under paragraph (2) of subdivision (a). (Added by Stats. 2025, Ch. 587, Sec. 1. (SB 524) Effective January 1, 2026.)
  139. 13665.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Police departments and sheriff’s offices generally must not post booking photos of people arrested for nonviolent crimes on social media, unless specific safety, court, or exigent-circumstance exceptions apply.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13665. (a) A police department or sheriff’s office shall not share, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime unless any of the following circumstances exist: (1) A police department or sheriff’s office has determined that the suspect is a fugitive or an imminent threat to an individual or to public safety and releasing or disseminating the suspect’s image will assist in locating or apprehending the suspect or reducing or eliminating the threat. (2) A judge orders the release or dissemination of the suspect’s image based on a finding that the release or dissemination is in furtherance of a legitimate law enforcement interest. (3) There is an exigent circumstance that necessitates the dissemination of the suspect’s image in furtherance of an urgent and legitimate law enforcement interest. (b) With respect to an individual who has been arrested for any crime, including crimes defined in subdivision (c) of Section 667.5, a police department or sheriff’s office that shares, on social media, an individual’s booking photo shall do both of the following: (1) Use the name and pronouns given by the individual. A police department or sheriff’s office may include other legal names or known aliases of an individual if using the names or aliases will assist in locating or apprehending the individual or reducing or eliminating an imminent threat to an individual or to public safety or an exigent circumstance exists that necessitates the use of other legal names or known aliases of an individual due to an urgent and legitimate law enforcement interest. (2) Remove the booking photo from its social media page within 14 days unless any of the circumstances described in paragraphs (1) to (3), inclusive, of subdivision (a) exist. (c) Subdivision (b) shall apply retroactively to any booking photo shared on social media. (d) For purposes of this section, the following terms have the following meanings: (1) “Nonviolent crime” means a crime not identified in subdivision (c) of Section 667.5. (2) “Social media” has the same meaning as in Section 632.01, except that social media does not include an internet website or an electronic data system developed and administered by the police department or sheriff’s office. (Amended by Stats. 2023, Ch. 224, Sec. 1. (AB 994) Effective January 1, 2024.)
  140. 13667.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Specified law enforcement agencies must adopt written policies by January 1, 2027 for serving protection and restraining orders and handling firearm relinquishment.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13667. (a) Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments shall, on or before January 1, 2027, develop, adopt, and implement written policies and standards to promote safe, consistent, and effective service, implementation, and enforcement of court protection and restraining orders that include firearm access restrictions, including, but not limited to, civil harassment restraining orders, criminal protective orders, domestic violence restraining orders, emergency protective orders, juvenile restraining orders, postsecondary school violence restraining orders, workplace violence restraining orders, and elder or dependent adult abuse restraining orders other than orders described in paragraph (4) of subdivision (u) of Section 15657.03 of the Welfare and Institutions Code related to financial abuse. (b) The policies and standards developed pursuant to this section shall ensure that the agency consistently complies with the requirements of California laws governing service and enforcement of protection and restraining orders and governing relinquishment of firearms by individuals who are armed and subject to those court orders, including new mandates and responsibilities placed on law enforcement agencies pursuant to Chapter 242 of the Statutes of 2023 and Chapter 544 of the Statutes of 2024. (c) In developing these policies and standards, the law enforcement agency shall also review and update existing protocols, policies, or standards pertaining to protection or restraining orders and law enforcement responses to domestic violence incidents to ensure these relevant protocols, policies, and standards are consistent with one another and current law and to ensure that they provide consistent and accessible guidance to law enforcement officers. (d) The policies and standards shall provide a standard agency process for law enforcement to serve the order against a restrained person in a timely manner and ensure the agency consistently complies with the requirements of California law governing service of protection and restraining orders, including pursuant to Section 6383 of the Family Code and Section 527.12 of the Code of Civil Procedure. These policies and standards shall ensure that officers who have served protection or restraining orders consistently accomplish all of the following steps as soon as possible and within one business day of serving the order: (1) Completing the appropriate proof of service form developed by the Judicial Council for the protection or restraining order. (2) Filing the proof of service form with the court. (3) Ensuring proof of service information is entered into the California Restraining and Protective Order System through the California Law Enforcement Telecommunications System to record that the order has been served on the restrained person. (e) The policies and standards shall ensure that officers effectuate firearm relinquishment at the time of service by requesting, at the time of service, that the restrained person immediately and safely relinquish to the officer’s control any firearms, ammunition, body armor, and other prohibited items in the restrained person’s possession or control, or subject to the restrained person’s possession or control. The policies and standards should ensure officers consistently accomplish the following steps upon serving a protection or restraining order: (1) Notify the restrained person that they are required to immediately transfer all firearms and prohibited items they possess or control to the officer serving the order. (2) Request that the restrained party immediately transfer to the officer, safely and unloaded, any firearms or other prohibited items they possess or control. (3) Conduct a lawful search as necessary for the protection of the officer or other individuals present and take custody of any firearms or other prohibited items in plain sight or discovered pursuant to the lawful search. (4) Complete the appropriate proof of firearm relinquishment form developed by the Judicial Council that serves as the receipt to document relinquished firearms and other prohibited items and issue the receipt form to the restrained person. (5) Ensure the Automated Firearms System is updated to record any firearms that the restrained person relinquished to the law enforcement officer. (6) Determine whether the restrained person possesses or controls other firearms that they have not relinquished to the officer. In making such a determination, the officer should be instructed to consider all relevant information, to the extent possible, including by reviewing the protection or restraining order to determine if the court made a finding that the restrained person has firearms, querying the Automated Firearms System to determine whether the restrained person is recorded as having legally acquired firearms in that database, and asking the restrained person or, if it is safe to do so, other persons present. (f) The policies and standards shall do all of the following: (1) (A) Provide a standard agency process for officers to promote firearm relinquishment compliance in circumstances where a restrained person owns, possesses, or controls firearms but credibly indicates that they cannot relinquish all firearms at the time of service, including circumstances where those firearms are stored in another location. (B) The process in subparagraph (A) shall instruct officers to provide accessible local information about how the restrained person can lawfully comply with the court order by relinquishing possession or control of all firearms and other prohibited items, unloaded and in a safe manner, to a local law enforcement agency or to a licensed firearm dealer within 24 hours of being served with the order and by providing the proof of relinquishment compliance receipt form to the court and to the law enforcement agency within 48 hours or being served with the order to verify that the restrained person sold or transferred all firearms and other prohibited items that they possess or control. (2) Instruct officers to inform the restrained person that failure to comply with the requirements and timelines in paragraph (1) may result in fines, arrest, and criminal penalties. (3) Require officers to encourage restrained individuals to relinquish any firearms they cannot immediately relinquish to the officer through a designated third party or with law enforcement supervision to reduce the risk that the restrained person will access the firearms or other items to threaten or harm individuals protected by the court order or to otherwise harm themselves or others. The policies and standards shall encourage officers to proactively follow up with the restrained person to confirm that the restrained person relinquished all firearms and provided receipt forms verifying relinquishment within the required timeline. (4) Instruct officers about how to respond if the restrained person credibly indicates that they do not possess or control firearms that had been associated with the restrained person in the Automated Firearms System, the court order, or other sources, including informing the restrained person to complete and submit to the court a standard form developed by the Department of Justice that declares under penalty of perjury that the restrained person is no longer in possession of one or more firearms, along with their response to the protection or restraining order and any other supporting documentation to verify that the restrained person no longer possesses or controls firearms. (g) (1) The policies and standards shall provide a process for the agency, in coordination with court staff and other law enforcement agencies and stakeholders, to proactively identify restrained persons who are illegally armed in violation of the court order and state law. (2) The policies and standards shall instruct officers to take one or more of the following steps, as appropriate for the circumstances, to ensure firearm relinquishment compliance and the safety of any individuals protected by the court order, if the agency receives credible information indicating that the restrained person has not relinquished all firearms or other prohibited items as required: (A) Contact the restrained person to facilitate and verify immediate firearm relinquishment compliance. (B) Take custody of firearms or other prohibited items at a location where there is probable cause to believe those items are located, including through a lawful search or by requesting a search warrant to search for and seize these items. (C) Notify appropriate partners, such as court clerks, prosecutors, and petitioners or protected parties who may be in danger, that the restrained person has violated the protection or restraining order’s firearm relinquishment requirements. (D) Arrest the restrained person for violating the court order and state law. (h) The law enforcement agency shall make the standards and policies developed pursuant to this section available to the public upon request and shall post information on the agency’s website about how petitioners may request service of protection or restraining orders by that agency and how prohibited persons and other community members may relinquish firearms to the custody of the agency. (i) In developing and updating the standards and policies developed pursuant to this section, law enforcement agencies are encouraged to consult and collaborate with domestic violence service providers and survivor advocates, gun violence prevention experts, local court staff, and guidance, technical assistance, or recommendations issued by the Department of Justice. (Added by Stats. 2025, Ch. 693, Sec. 1. (AB 451) Effective January 1, 2026.)
  141. 1367.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    A person cannot be tried, punished, or have certain supervision statuses revoked while mentally incompetent.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1367. (a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of a mental health disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. (b) Section 1370 applies to a person who is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision and is incompetent as a result of a mental health disorder. Section 1370.01 applies to a person who is charged with a misdemeanor or misdemeanors only, or a violation of formal or informal probation for a misdemeanor, and the judge finds reason to believe that the defendant has a mental health disorder, and may, as a result of the mental health disorder, be incompetent to stand trial. Section 1370.1 applies to a person who is incompetent as a result of a developmental disability and applies to a person who is incompetent as a result of a mental health disorder, but also has a developmental disability. Section 1370.02 applies to a person alleged to have violated the terms of the person’s postrelease community supervision or parole. (Amended by Stats. 2019, Ch. 9, Sec. 4. (AB 46) Effective January 1, 2020.)
  142. 13670.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. )

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    Law enforcement agencies must adopt a policy banning participation in a law enforcement gang and treat violations as grounds for termination.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.7. Law Enforcement Agency Regulations [13650 - 13670] ( Title 4.7 added by Stats. 2018, Ch. 978, Sec. 2. ) ## 13670. (a) For purposes of this section: (1) “Law enforcement agency” means any department or agency of the state or any local government, special district, or other political subdivision thereof, that employs any peace officer, as described in Section 830. (2) “Law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the group. (b) Each law enforcement agency shall maintain a policy that prohibits participation in a law enforcement gang and that makes violation of that policy grounds for termination. A law enforcement agency shall cooperate in any investigation into these gangs by an inspector general, the Attorney General, or any other authorized agency. Notwithstanding any other law, local agencies may impose greater restrictions on membership and participation in law enforcement gangs, including for discipline and termination purposes. (c) Except as specifically prohibited by law, a law enforcement agency shall disclose the termination of a peace officer for participation in a law enforcement gang to another law enforcement agency conducting a preemployment background investigation of that former peace officer. (Added by Stats. 2021, Ch. 408, Sec. 2. (AB 958) Effective January 1, 2022.)
  143. 1368.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    When a judge questions a defendant’s mental competence, the court must record the doubt, get counsel’s view, appoint counsel if needed, and pause proceedings as required.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1368. (a) If, during the pendency of an action and prior to judgment, or during revocation proceedings for a violation of probation, mandatory supervision, postrelease community supervision, or parole, a doubt arises in the mind of the judge as to the mental competence of the defendant, the judge shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. If the defendant is not represented by counsel, the court shall appoint counsel. At the request of the defendant or defendant’s counsel or upon its own motion, the court shall recess the proceedings for as long as may be reasonably necessary to permit counsel to confer with the defendant and to form an opinion as to the mental competence of the defendant at that point in time. (b) If counsel informs the court that they believe the defendant is or may be mentally incompetent, the court shall order that the question of the defendant’s mental competence is to be determined pursuant to Sections 1368.1 and 1369. If counsel informs the court that they believe the defendant is mentally competent, the court may nevertheless order a determination by the court of the defendant’s mental competence. (c) Except as provided in Section 1368.1, when an inquiry into the present mental competence of the defendant has been commenced by the court all proceedings in the criminal prosecution shall be suspended until the question of the present mental competence of the defendant has been determined. If a jury has been impaneled and sworn to try the defendant, the jury shall be discharged only if it appears to the court that undue hardship to the jurors would result if the jury is retained on call. If the defendant is declared mentally incompetent, the jury shall be discharged. (Amended by Stats. 2024, Ch. 646, Sec. 2. (SB 1323) Effective January 1, 2025.)
  144. 1368.1.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    This section sets procedures for competence proceedings and related motions in felony, misdemeanor, and supervision-violation 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1368.1. (a) (1) If the action is on a complaint charging a felony, proceedings to determine mental competence shall be held prior to the filing of an information unless the counsel for the defendant requests a preliminary examination under Section 859b. At the preliminary examination, counsel for the defendant may either demur, move to dismiss the complaint on the ground that there is not reasonable cause to believe that a felony has been committed and that the defendant is guilty thereof, or make a motion under Section 1538.5. A proceeding to determine mental competence or a request for a preliminary examination pursuant to this paragraph does not preclude a request for a determination of probable cause pursuant to paragraph (2). (2) If the action is on a complaint charging a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person, the prosecuting attorney may, at any time before or after a defendant is determined incompetent to stand trial, request a determination of probable cause to believe the defendant committed the offense or offenses alleged in the complaint, solely for the purpose of establishing that the defendant is gravely disabled pursuant to subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, pursuant to procedures approved by the court. In making this determination, the court shall consider using procedures consistent with the manner in which a preliminary examination is conducted. A finding of probable cause shall only be made upon the presentation of evidence sufficient to satisfy the standard set forth in subdivision (a) of Section 872. The defendant shall be entitled to a preliminary hearing after the restoration of his or her competence. A request for a determination of probable cause pursuant to this paragraph does not preclude a proceeding to determine mental competence or a request for a preliminary examination pursuant to paragraph (1). (b) If the action is on a complaint charging a misdemeanor, counsel for the defendant may either demur, move to dismiss the complaint on the ground that there is not reasonable cause to believe that a public offense has been committed and that the defendant is guilty thereof, or make a motion under Section 1538.5. (c) If the proceeding involves an alleged violation of probation, mandatory supervision, postrelease community supervision, or parole, counsel for the defendant may move to reinstate supervision on the ground that there is not probable cause to believe that the defendant violated the terms of his or her supervision. (d) In ruling upon any demurrer or motion described in subdivision (a), (b), or (c), the court may hear any matter which is capable of fair determination without the personal participation of the defendant. (e) A demurrer or motion described in subdivision (a), (b), or (c) shall be made in the court having jurisdiction over the complaint. The defendant shall not be certified until the demurrer or motion has been decided. (Amended by Stats. 2017, Ch. 246, Sec. 1. (SB 684) Effective January 1, 2018.)
  145. 13680.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. )

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    This section defines terms used in the title, including genocide, hate crime, hate group, peace officer, public expression of hate, and sustained.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. ) ## 13680. For purposes of this title, the following terms have the following meanings: (a) “Genocide” means any of the following acts committed with specific intent to destroy, in whole or substantially in part, a national, ethnic, racial, or religious group through means including killing or causing serious bodily injury to members of the group, causing permanent impairment of the mental faculties of members of the group through drugs, torture, or similar means, subjecting the group to conditions of life that are intended to cause the physical destruction of the group, in whole or in part, imposing measures intended to prevent births within the group, or forcibly transferring children of the group to another group. (b) “Hate crime” has the same meaning as is Section 422.55. (c) “Hate group” means an organization that supports, advocates for, threatens, or practices genocide or the commission of hate crimes. (d) “Membership in a hate group” means being, or holding oneself out as, a member of a hate group with the intent to further the unlawful aims of the group. (e) “Participation in any hate group activity” means active and direct involvement in, or coordination or facilitation of, any hate crime by hate group members. (f) “Peace officer” means a person described within Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is employed by an agency or department of the state, or any political subdivision thereof, that provides uniformed police services to members of the public including, without limitation, a municipal police department, a county sheriff’s department, the Department of the California Highway Patrol, the University of California, California State University, or any California Community College police department, and the police department of any school district, transit district, park district, or port authority. “Peace officer” also includes any state or local correctional or custodial officer, and any parole or probation officer. (g) (1) “Public expression of hate” means any statement or expression to another person, including any statement or expression made in an online forum that is accessible to another person, that explicitly advocates for, explicitly supports, or explicitly threatens to commit genocide or any hate crime or that explicitly advocates for or explicitly supports any hate group. (h) “Sustained” means a final determination by the investigating agency following an investigation, or, if adverse action is taken, a final determination by a commission, board, hearing officer, or arbitrator, as applicable, following an opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the allegation is true. (Amended by Stats. 2023, Ch. 131, Sec. 164. (AB 1754) Effective January 1, 2024.)
  146. 13681.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. )

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    Background checks for peace officer candidates must ask about hate group involvement, and hiring agencies must deny employment if certain recent hate-related activity is found.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. ) ## 13681. (a) Any background investigation of a candidate for a peace officer position shall include an inquiry into whether the candidate has engaged or is engaging in membership in a hate group, participation in any hate group activity or advocacy of public expressions of hate. (b) The hiring agency shall deny employment to a candidate for a peace officer position if, during a preemployment background it is determined that in the past 7 years and since 18 years of age, the candidate has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate. (c) A candidate for a peace officer position shall not be ineligible to be hired pursuant to this section if the candidate has ceased all activities described in subdivision (a) and at least 7 years has passed since the last such activity. (Added by Stats. 2022, Ch. 854, Sec. 1. (AB 655) Effective January 1, 2023.)
  147. 13682.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. )

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    Public agencies that employ peace officers must investigate certain complaints about hate-group related conduct, must remove an officer if the complaint is sustained, and the Department of Justice must issue investigation and adjudication guidelines.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. ) ## 13682. (a) Notwithstanding Section 19635 of the Government Code, or any other law, any public agency that employs peace officers shall investigate, or cause to be investigated by the appropriate oversight agency, any internal complaint or complaint from a member of the public that alleges, with sufficient particularity to investigate the matter, that a peace officer employed by that agency has in the previous seven years and since 18 years of age, engaged in membership in a hate group, participation in any hate group activity or advocacy of any public expressions of hate. (b) The agency shall remove from appointment as a peace officer, any peace officer against whom a complaint described in subdivision (a) is sustained. (c) The Department of Justice shall adopt and promulgate guidelines for the investigation and adjudication of complaints described in subdivision (a) by a public agency or oversight agency. (d) Nothing in this section authorizes or requires adverse action to be taken against any peace officer who engages in any activities described in subdivision (a) as part of any undercover assignment in the course of their employment as a peace officer, or in any undercover work as part of any bona fide academic or journalistic research. (Added by Stats. 2022, Ch. 854, Sec. 1. (AB 655) Effective January 1, 2023.)
  148. 13683.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. )

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    Certain complaint-investigation records about sustained findings against peace officers are not confidential and must be open for public inspection, subject to redactions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 4.9. California Law Enforcement Accountability Reform Act. [13680 - 13683] ( Title 4.9 added by Stats. 2022, Ch. 854, Sec. 1. ) ## 13683. (a) Notwithstanding Section 832.7, Sections 7923.600 through 7923.625, inclusive, of the Government Code, or any other law, any record relating to an investigation of a complaint described in Section 13682 in which a sustained finding was made by the public agency or oversight agency that a peace officer has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate shall not be confidential and shall be made available for public inspection. (b) A record disclosed pursuant to this section may be redacted as follows: (1) To remove personal data or information, such as a home address, telephone number, email address, or identities of family members. (2) To preserve the anonymity of complainants and witnesses. (3) To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct and serious use of force by peace officers and custodial officers. (4) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer or another person. (Amended by Stats. 2023, Ch. 131, Sec. 165. (AB 1754) Effective January 1, 2024.)
  149. 1369.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    This section sets the process for deciding a defendant’s mental competence, including court-appointed experts, reports, hearings, and related appointments.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1369. A determination of the question of mental competence shall proceed in the following order: (a) (1) The court shall suspend criminal proceedings and shall appoint at least one licensed psychologist or psychiatrist to examine the defendant’s mental condition. If defense counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall, upon request of defense counsel, appoint two licensed psychologists or psychiatrists, one to be named by the defense and one to be named by the prosecution. (2) If it is suspected the defendant has a developmental disability, the court shall appoint the director of the regional center established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the director’s designee, to examine the defendant to determine whether the defendant has a developmental disability. The regional center director or their designee shall determine whether the defendant has a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code, and is therefore eligible for regional center services and supports. The regional center director or their designee shall provide the court with a written report informing the court of this determination. (b) (1) A licensed psychologist or psychiatrist shall evaluate the defendant and submit a written report to the court. The report shall include the opinion of the expert regarding all of the following matters: (A) A diagnosis of the defendant’s mental condition, if any. (B) Whether the defendant, as a result of a mental disorder or developmental disability, is able to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. (C) Whether there is a substantial likelihood that the defendant will attain competency in the foreseeable future, with consideration as to whether the defendant would attain competency in response to treatment with antipsychotic medication. (D) If requested by the defense, an opinion as to whether the defendant is eligible for mental health diversion pursuant to Section 1001.36. (2) (A) The examining licensed psychologists or psychiatrists shall evaluate whether treatment with antipsychotic medication, as defined in subdivision (l ) of Section 5008 of the Welfare and Institutions Code, is appropriate for the defendant. The evaluation of whether treatment with antipsychotic medication is appropriate shall be done in accordance with subparagraphs (B) and (C). The examining licensed psychologists or psychiatrists shall also opine whether the defendant lacks the capacity to make decisions regarding antipsychotic medication, as outlined in subclauses (I) and (II) of clause (i) of subparagraph (B) of paragraph (2) of subdivision (a) of Section 1370. (B) If a licensed psychologist examines the defendant and opines that treatment with antipsychotic medication may be appropriate, their opinion shall be based on whether the defendant has a mental disorder that is typically known to benefit from that treatment. A licensed psychologist’s opinion shall not exceed the scope of their license. That opinion about the potential benefit of antipsychotic medication is not a prescription for that medication. (C) If a psychiatrist examines the defendant and opines that treatment with antipsychotic medication is appropriate, the psychiatrist shall inform the court of their opinion as to the likely or potential side effects of the medication, the expected efficacy of the medication, and possible alternative treatments, as outlined in subclause (III) of clause (i) of subparagraph (B) of paragraph (2) of subdivision (a) of Section 1370. (c) (1) If neither party objects to any competency report submitted pursuant to subdivision (b), the court may determine the competency of the defendant based on any such competency report. The court shall also determine whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication. (2) If either party objects to any competency report and requests a hearing, the court shall hold a hearing to determine competence and to determine whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication, pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 1370. (3) In a hearing to determine competence, the defendant shall be presumed competent to stand trial unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. (4) If counsel for the defendant waives the right to a jury trial and the prosecution consents, or as provided in paragraph (5), the hearing shall be heard by the court. Otherwise, a determination of the defendant’s competency to stand trial shall be decided by a jury. The verdict of the jury shall be unanimous. (5) In a proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole, the hearing shall be heard by the court. (d) (1) The State Department of State Hospitals, on or before July 1, 2017, shall adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court pursuant to this section. To develop these guidelines, the State Department of State Hospitals shall convene a workgroup comprised of the Judicial Council and groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accrediting bodies for psychologists and psychiatrists, and other interested stakeholders. (2) When making an appointment pursuant to this section, the court shall appoint an expert who meets the guidelines established in accordance with this subdivision or an expert with equivalent experience and skills. If there is no reasonably available expert who meets the guidelines or who has equivalent experience and skills, the court may appoint an expert who does not meet the guidelines. (e) This section does not preclude the court from appointing any other qualified expert to evaluate the defendant’s mental condition in addition to a licensed psychologist or psychiatrist. (Amended by Stats. 2024, Ch. 646, Sec. 3. (SB 1323) Effective January 1, 2025.)
  150. 1369.5.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    Court documents submitted under this chapter are presumptively confidential, must be kept in the confidential file portion, and may be used by the defendant, defense counsel, and prosecution for specified defense, treatment, and safety purposes.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law. (b) A document described in subdivision (a) shall be retained in the confidential portion of the court’s file. Counsel for the defendant and the prosecution shall maintain the documents as confidential. (c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public. (2) A motion, application, or petition to access the documents shall be decided in accordance with subdivision (h) of Rule 2.551 of the California Rules of Court. (Added by Stats. 2019, Ch. 251, Sec. 1. (SB 557) Effective January 1, 2020.)
  151. 137.

    ## 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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    This section makes it a crime to bribe, threaten, use force or fraud, or knowingly induce false or withheld testimony or material information involving a crime and a law enforcement official.

    ## 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. ) ## 137. (a) Every person who gives or offers, or promises to give, to any witness, person about to be called as a witness, or person about to give material information pertaining to a crime to a law enforcement official, any bribe, upon any understanding or agreement that the testimony of such witness or information given by such person shall be thereby influenced is guilty of a felony. (b) Every person who attempts by force or threat of force or by the use of fraud to induce any person to give false testimony or withhold true testimony or to give false material information pertaining to a crime to, or withhold true material information pertaining to a crime from, a law enforcement official is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. As used in this subdivision, “threat of force” means a credible threat of unlawful injury to any person or damage to the property of another which is communicated to a person for the purpose of inducing him to give false testimony or withhold true testimony or to give false material information pertaining to a crime to, or to withhold true material information pertaining to a crime from, a law enforcement official. (c) Every person who knowingly induces another person to give false testimony or withhold true testimony not privileged by law or to give false material information pertaining to a crime to, or to withhold true material information pertaining to a crime from, a law enforcement official is guilty of a misdemeanor. (d) At the arraignment, on a showing of cause to believe this section may be violated, the court, on motion of a party, shall admonish the person who there is cause to believe may violate this section and shall announce the penalties and other provisions of this section. (e) As used in this section “law enforcement official” includes any district attorney, deputy district attorney, city attorney, deputy city attorney, the Attorney General or any deputy attorney general, or any peace officer included in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (f) The provisions of subdivision (c) shall not apply to an attorney advising a client or to a person advising a member of his or her family. (Amended by Stats. 2011, Ch. 15, Sec. 251. (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.)
  152. 1370.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    This section sets the court’s steps when a defendant is found mentally competent or incompetent, including suspension or resumption of proceedings, possible diversion or treatment placement, and rules for involuntary antipsychotic medication.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370. (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged violation shall proceed, and judgment may be pronounced. (B) If the defendant is found mentally incompetent and is not charged with an offense listed in subdivision (d) of Section 1001.36, the trial, the hearing on the alleged violation, or the judgment shall be suspended, and the court shall do all of the following: (i) (I) Determine whether restoring the person to mental competence is in the interests of justice. (II) In exercising its discretion pursuant to this clause, the court shall consider the relevant circumstances of the charged offense, including the harm done to the victim, the defendant’s mental health condition, including, without limitation, any intellectual or developmental disability, the history of treatment, the criminal history of the defendant, whether the defendant is likely to face incarceration if convicted, whether the defendant has previously been found incompetent to stand trial, whether restoring the person to mental competence will enhance public safety, and any other relevant considerations. The court shall provide the defense and prosecution an opportunity to be heard on whether restoration is in the interests of justice. (ii) If restoring the person to mental competence is in the interests of justice, the court shall state its reasons orally on the record and the case shall proceed as provided in subparagraph (C). (iii) If restoring the person to mental competence is not in the interests of justice, the court shall conduct a hearing, pursuant to Section 1001.36, and, if the court deems the defendant eligible, grant diversion pursuant to that section for a period not to exceed two years from the date the individual is accepted into diversion or the maximum term of imprisonment provided by law for the most serious offense charged in the complaint, whichever is shorter. (I) The hearing shall be held no later than 30 days after the finding of incompetence. If the hearing is delayed beyond 30 days, the court shall order the defendant to be released on their own recognizance pending the hearing. (II) If the defendant performs satisfactorily on diversion pursuant to this subclause, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion. (III) If the court finds the defendant ineligible or unsuitable for diversion based on the circumstances set forth in subdivision (b) or (c) of Section 1001.36, or if any of the conditions described in subdivision (g) of Section 1001.36 are present, the court may, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine whether to do any of the following: (ia) Order modification of the treatment plan in accordance with a recommendation from the treatment provider. (ib) Refer the defendant to assisted outpatient treatment pursuant to Section 5346 of the Welfare and Institutions Code. A referral to assisted outpatient treatment may only occur in a county where services are available pursuant to Section 5348 of the Welfare and Institutions Code, and the agency agrees to accept responsibility for treatment of the defendant. A hearing to determine eligibility for assisted outpatient treatment shall be held within 45 days after the finding of incompetence. If the hearing is delayed beyond 45 days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into assisted outpatient treatment, the charges shall be dismissed pursuant to Section 1385. (ic) Refer the defendant to the county conservatorship investigator in the county of commitment for possible conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator if it appears to the court or a qualified mental health expert that the defendant appears to be gravely disabled, as defined in paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county of commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the director’s designee and shall notify the county mental health director or their designee of the outcome of the proceedings. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. If a petition is not filed within 30 days of the referral, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending conservatorship proceedings. The charges shall be dismissed pursuant to Section 1385 upon the filing of either a temporary or permanent conservatorship petition unless the basis for the petition is that the defendant is gravely disabled as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. (id) Refer the defendant to the CARE program pursuant to Section 5978 of the Welfare and Institutions Code. A hearing to determine eligibility for the CARE program shall be held within 14 court days after the date on which the petition for the referral is filed. If the hearing is delayed beyond 14 court days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into the CARE program, the charges shall be dismissed pursuant to Section 1385. (ie) Reinstate competency proceedings, in which case the court shall credit any time spent in mental health diversion against the maximum term of commitment as specified in paragraph (1) of subdivision (c). (C) If the defendant is found mentally incompetent and restoring the defendant to competence is in the interests of justice or they are charged with an offense listed in subdivision (d) of Section 1001.36, the trial, the hearing on the alleged violation, or the judgment shall be suspended until the person becomes mentally competent. (i) The court shall order that the mentally incompetent defendant be delivered by the sheriff to a State Department of State Hospitals facility, as defined in Section 4100 of the Welfare and Institutions Code, as directed by the State Department of State Hospitals, or to any other available public or private treatment facility, including a community-based residential treatment system approved by the community program director, or their designee, that will promote the defendant’s speedy restoration to mental competence, or placed on outpatient status as specified in Section 1600. (ii) (I) If a defendant has been found mentally incompetent, and the court has ordered commitment to a State Department of State Hospitals facility as described in Section 4100 of the Welfare and Institutions Code, and is not in the custody of the local sheriff, the department shall inform the sheriff when a placement in a facility becomes available and make reasonable efforts to coordinate a delivery by the sheriff to transport the defendant to the facility. If the department has made reasonable attempts for 90 days, starting with the date of commitment, and the defendant has not been transported, as originally ordered under clause (i), the department shall inform the court and sheriff in writing. (II) If the sheriff has not delivered the defendant to a State Department of State Hospitals facility within 90 days after the department’s written notice, the commitment to the State Department of State Hospitals shall be automatically stayed and the department may remove the defendant from the pending placement list until the court notifies the department in writing that the defendant is available for transport and the defendant shall regain their place on the pending placement list. (iii) However, if the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290, the prosecutor shall determine whether the defendant previously has been found mentally incompetent to stand trial pursuant to this chapter on a charge of a Section 290 offense, or whether the defendant is currently the subject of a pending Section 1368 proceeding arising out of a charge of a Section 290 offense. If either determination is made, the prosecutor shall notify the court and defendant in writing. After this notification, and opportunity for hearing, the court shall order that the defendant be delivered by the sheriff to a State Department of State Hospitals facility, as directed by the State Department of State Hospitals, or other secure treatment facility for the care and treatment of persons with a mental health disorder, unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others. (iv) If the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290 and the defendant has been denied bail pursuant to subdivision (b) of Section 12 of Article I of the California Constitution because the court has found, based upon clear and convincing evidence, a substantial likelihood that the person’s release would result in great bodily harm to others, the court shall order that the defendant be delivered by the sheriff to a State Department of State Hospitals facility, as directed by the State Department of State Hospitals, unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others. (v) (I) If, at any time after the court finds that the defendant is mentally incompetent and before the defendant is transported to a facility pursuant to this section, the court is provided with any information that the defendant may benefit from diversion pursuant to Chapter 2.8A (commencing with Section 1001.35) of Title 6, the court may make a finding that the defendant is an appropriate candidate for diversion. (II) Notwithstanding subclause (I), if a defendant is found mentally incompetent and is transferred to a facility described in Section 4361.6 of the Welfare and Institutions Code, the court may, at any time upon receiving any information that the defendant may benefit from diversion pursuant to Chapter 2.8A (commencing with Section 1001.35) of Title 6, make a finding that the defendant is an appropriate candidate for diversion. (vi) If a defendant is found by the court to be an appropriate candidate for diversion pursuant to clause (v), the defendant’s eligibility shall be determined pursuant to Section 1001.36. A defendant granted diversion may participate for the lesser of the period specified in paragraph (1) of subdivision (c) or the applicable period described in subparagraph (C) of paragraph (1) of subdivision (f) of Section 1001.36. If, during that period, the court determines that criminal proceedings should be reinstated pursuant to subdivision (g) of Section 1001.36, the court shall, pursuant to Section 1369, appoint a psychiatrist, licensed psychologist, or any other expert the court may deem appropriate, to determine the defendant’s competence to stand trial. (vii) Upon the dismissal of charges at the conclusion of the period of diversion, pursuant to subdivision (h) of Section 1001.36, a defendant shall no longer be deemed incompetent to stand trial pursuant to this section. (viii) The clerk of the court shall notify the Department of Justice, in writing, of a finding of mental incompetence with respect to a defendant who is subject to clause (iii) or (iv) for inclusion in the defendant’s state summary criminal history information. (D) If at any time after the finding of mental incompetence, but before the defendant begins treatment in a program or facility to promote the defendant’s speedy restoration of mental competence pursuant to this section, there is a change in circumstance that affects the likelihood that the defendant will be able to be attain competence, either party may instead petition the court to proceed in accordance with subdivision (b). (E) Upon the filing of a certificate of restoration to competence, the court shall order that the defendant be returned to court in accordance with Section 1372. The court shall transmit a copy of its order to the community program director or a designee. (F) A defendant charged with a violent felony may not be delivered to a State Department of State Hospitals facility or treatment facility pursuant to this subdivision unless the State Department of State Hospitals facility or treatment facility has a secured perimeter or a locked and controlled treatment facility, and the judge determines that the public safety will be protected. (G) For purposes of this paragraph, “violent felony” means an offense specified in subdivision (c) of Section 667.5. (H) A defendant charged with a violent felony may be placed on outpatient status, as specified in Section 1600, only if the court finds that the placement will not pose a danger to the health or safety of others. If the court places a defendant charged with a violent felony on outpatient status, as specified in Section 1600, the court shall serve copies of the placement order on defense counsel, the sheriff in the county where the defendant will be placed, and the district attorney for the county in which the violent felony charges are pending against the defendant. (I) If, at any time after the court has declared a defendant incompetent to stand trial pursuant to this section, counsel for the defendant or a jail medical or mental health staff provider provides the court with substantial evidence that the defendant’s psychiatric symptoms have changed to such a degree as to create a doubt in the mind of the judge as to the defendant’s current mental incompetence, the court may appoint a psychiatrist or a licensed psychologist to opine as to whether the defendant has attained competence. If, in the opinion of that expert, the defendant has attained competence, the court shall proceed as if a certificate of restoration of competence has been returned pursuant to paragraph (1) of subdivision (a) of Section 1372. (J) (i) The State Department of State Hospitals may, pursuant to Section 4335.2 of the Welfare and Institutions Code, conduct an evaluation of the defendant in county custody to determine any of the following: (I) The defendant has attained competence. (II) There is no substantial likelihood that the defendant will attain competence in the foreseeable future. (III) The defendant should be referred to the county for further evaluation for potential participation in a county diversion program, if one exists, or to another outpatient treatment program. (ii) If, in the opinion of the department’s expert, the defendant has attained competence, the court shall proceed as if a certificate of restoration of competence has been returned pursuant to paragraph (1) of subdivision (a) of Section 1372. (iii) If, in the opinion of the department’s expert, there is no substantial likelihood that the defendant will attain mental competence in the foreseeable future, the committing court shall proceed pursuant to paragraph (3) of subdivision (c) no later than 10 days following receipt of the report. (2) Prior to making the order directing that the defendant be committed to the State Department of State Hospitals or other treatment facility or placed on outpatient status, the court shall proceed as follows: (A) (i) The court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be required to undergo outpatient treatment, or be committed to the State Department of State Hospitals or to any other treatment facility. A person shall not be admitted to a State Department of State Hospitals facility or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. The community program director or designee shall evaluate the appropriate placement for the defendant between a State Department of State Hospitals facility or the community-based residential treatment system based upon guidelines provided by the State Department of State Hospitals. (ii) A defendant shall first be considered for placement in an outpatient treatment program, a community treatment program, or a diversion program, if any such program is available, unless a court, based upon the recommendation of the community program director or their designee, finds that either the clinical needs of the defendant or the risk to community safety, warrant placement in a State Department of State Hospitals facility. (B) The court shall hear and determine whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication. The court shall consider opinions in the reports prepared pursuant to subdivision (b) of Section 1369, as applicable to the issue of whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication, and shall proceed as follows: (i) The court shall hear and determine whether any of the following is true: (I) Based upon the opinion of the psychiatrist or licensed psychologist offered to the court pursuant to subdivision (b) of Section 1369, the defendant lacks the capacity to make decisions regarding antipsychotic medication, the defendant’s mental disorder requires medical treatment with antipsychotic medication, and, if the defendant’s mental disorder is not treated with antipsychotic medication, it is probable that serious harm to the physical or mental health of the defendant will result. Probability of serious harm to the physical or mental health of the defendant requires evidence that the defendant is presently suffering adverse effects to their physical or mental health, or the defendant has previously suffered these effects as a result of a mental disorder and their condition is substantially deteriorating. The fact that a defendant has a diagnosis of a mental disorder does not alone establish probability of serious harm to the physical or mental health of the defendant. (II) Based upon the opinion of the psychiatrist or licensed psychologist offered to the court pursuant to subdivision (b) of Section 1369, the defendant is a danger to others, in that the defendant has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another while in custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm on another that resulted in the defendant being taken into custody, and the defendant presents, as a result of mental disorder or mental defect, a demonstrated danger of inflicting substantial physical harm on others. Demonstrated danger may be based on an assessment of the defendant’s present mental condition, including a consideration of past behavior of the defendant within six years prior to the time the defendant last attempted to inflict, inflicted, or threatened to inflict substantial physical harm on another, and other relevant evidence. (III) The people have charged the defendant with a serious crime against the person or property, and based upon the opinion of the psychiatrist offered to the court pursuant to subdivision (b) of Section 1369, the involuntary administration of antipsychotic medication is substantially likely to render the defendant competent to stand trial, the medication is unlikely to have side effects that interfere with the defendant’s ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner, less intrusive treatments are unlikely to have substantially the same results, and antipsychotic medication is medically necessary and appropriate in light of their medical condition. (ii) (I) If the court finds the conditions described in subclause (I) or (II) of clause (i) to be true, and if pursuant to the opinion offered to the court pursuant to subdivision (b) of Section 1369, a psychiatrist has opined that treatment with antipsychotic medications is appropriate for the defendant, the court shall issue an order authorizing the administration of antipsychotic medication as needed, including on an involuntary basis, to be administered under the direction and supervision of a licensed psychiatrist. (II) If the court finds the conditions described in subclause (I) or (II) of clause (i) to be true, and if pursuant to the opinion offered to the court pursuant subdivision (b) of Section 1369, a licensed psychologist has opined that treatment with antipsychotic medication may be appropriate for the defendant, the court shall issue an order authorizing treatment by a licensed psychiatrist on an involuntary basis. That treatment may include the administration of antipsychotic medication as needed, to be administered under the direction and supervision of a licensed psychiatrist. (III) If the court finds the conditions described in subclause (III) of clause (i) to be true, and if pursuant to the opinion offered to the court pursuant to subdivision (b) of Section 1369, a psychiatrist has opined that it is appropriate to treat the defendant with antipsychotic medication, the court shall issue an order authorizing the administration of antipsychotic medication as needed, including on an involuntary basis, to be administered under the direction and supervision of a licensed psychiatrist. (iii) An order authorizing involuntary administration of antipsychotic medication to the defendant when and as prescribed by the defendant’s treating psychiatrist at any facility housing the defendant for purposes of this chapter, including a county jail, shall remain in effect when the defendant returns to county custody pursuant to subparagraph (A) of paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c), or pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 1372, but shall be valid for no more than one year, pursuant to subparagraph (A) of paragraph (7). The court shall not order involuntary administration of psychotropic medication under subclause (III) of clause (i) unless the court has first found that the defendant does not meet the criteria for involuntary administration of psychotropic medication under subclause (I) of clause (i) and does not meet the criteria under subclause (II) of clause (i). (iv) In all cases, the treating hospital, county jail, facility, or program may administer medically appropriate antipsychotic medication prescribed by a psychiatrist in an emergency as described in subdivision (m) of Section 5008 of the Welfare and Institutions Code. (v) If the court has determined that the defendant has the capacity to make decisions regarding antipsychotic medication, and if the defendant, with advice of their counsel, consents, the court order of commitment shall include confirmation that antipsychotic medication may be given to the defendant as prescribed by a treating psychiatrist pursuant to the defendant’s consent. The commitment order shall also indicate that, if the defendant withdraws consent for antipsychotic medication, after the treating psychiatrist complies with the provisions of subparagraph (C), the defendant shall be returned to court for a hearing in accordance with subparagraphs (C) and (D) regarding whether antipsychotic medication shall be administered involuntarily. (vi) If the court has determined that the defendant has the capacity to make decisions regarding antipsychotic medication and if the defendant, with advice from their counsel, does not consent, the court order for commitment shall indicate that, after the treating psychiatrist complies with the provisions of subparagraph (C), the defendant shall be returned to court for a hearing in accordance with subparagraphs (C) and (D) regarding whether antipsychotic medication shall be administered involuntarily. (vii) A report made pursuant to paragraph (1) of subdivision (b) shall include a description of antipsychotic medication administered to the defendant and its effects and side effects, including effects on the defendant’s appearance or behavior that would affect the defendant’s ability to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a reasonable manner. During the time the defendant is confined in a State Department of State Hospitals facility or other treatment facility or placed on outpatient status, either the defendant or the people may request that the court review any order made pursuant to this subdivision. The defendant, to the same extent enjoyed by other patients in the State Department of State Hospitals facility or other treatment facility, shall have the right to contact the patients’ rights advocate regarding the defendant’s rights under this section. (C) If the defendant consented to antipsychotic medication as described in clause (iv) of subparagraph (B), but subsequently withdraws their consent, or, if involuntary antipsychotic medication was not ordered pursuant to clause (v) of subparagraph (B), and the treating psychiatrist determines that antipsychotic medication has become medically necessary and appropriate, the treating psychiatrist shall make efforts to obtain informed consent from the defendant for antipsychotic medication. If informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks the capacity to make decisions regarding antipsychotic medication based on the conditions described in subclause (I) or (II) of clause (i) of subparagraph (B), the treating psychiatrist shall certify whether the lack of capacity and any applicable conditions described above exist. That certification shall contain an assessment of the current mental status of the defendant and the opinion of the treating psychiatrist that involuntary antipsychotic medication has become medically necessary and appropriate. (D) (i) If the treating psychiatrist certifies that antipsychotic medication has become medically necessary and appropriate pursuant to subparagraph (C), antipsychotic medication may be administered to the defendant for not more than 21 days, provided, however, that, within 72 hours of the certification, the defendant is provided a medication review hearing before an administrative law judge to be conducted at the facility where the defendant is receiving treatment. The treating psychiatrist shall present the case for the certification for involuntary treatment and the defendant shall be represented by an attorney or a patients’ rights advocate. The attorney or patients’ rights advocate shall be appointed to meet with the defendant no later than one day prior to the medication review hearing to review the defendant’s rights at the medication review hearing, discuss the process, answer questions or concerns regarding involuntary medication or the hearing, assist the defendant in preparing for the hearing and advocating for the defendant’s interests at the hearing, review the panel’s final determination following the hearing, advise the defendant of their right to judicial review of the panel’s decision, and provide the defendant with referral information for legal advice on the subject. The defendant shall also have the following rights with respect to the medication review hearing: (I) To be given timely access to the defendant’s records. (II) To be present at the hearing, unless the defendant waives that right. (III) To present evidence at the hearing. (IV) To question persons presenting evidence supporting involuntary medication. (V) To make reasonable requests for attendance of witnesses on the defendant’s behalf. (VI) To a hearing conducted in an impartial and informal manner. (ii) If the administrative law judge determines that the defendant either meets the criteria specified in subclause (I) of clause (i) of subparagraph (B), or meets the criteria specified in subclause (II) of clause (i) of subparagraph (B), antipsychotic medication may continue to be administered to the defendant for the 21-day certification period. Concurrently with the treating psychiatrist’s certification, the treating psychiatrist shall file a copy of the certification and a petition with the court for issuance of an order to administer antipsychotic medication beyond the 21-day certification period. For purposes of this subparagraph, the treating psychiatrist shall not be required to pay or deposit any fee for the filing of the petition or other document or paper related to the petition. (iii) If the administrative law judge disagrees with the certification, medication may not be administered involuntarily until the court determines that antipsychotic medication should be administered pursuant to this section. (iv) The court shall provide notice to the prosecuting attorney and to the attorney representing the defendant, and shall hold a hearing, no later than 18 days from the date of the certification, to determine whether antipsychotic medication should be ordered beyond the certification period. (v) If, as a result of the hearing, the court determines that antipsychotic medication should be administered beyond the certification period, the court shall issue an order authorizing the administration of that medication. (vi) The court shall render its decision on the petition and issue its order no later than three calendar days after the hearing and, in any event, no later than the expiration of the 21-day certification period. (vii) If the administrative law judge upholds the certification pursuant to clause (ii), the court may, for a period not to exceed 14 days, extend the certification and continue the hearing pursuant to stipulation between the parties or upon a finding of good cause. In determining good cause, the court may review the petition filed with the court, the administrative law judge’s order, and any additional testimony needed by the court to determine if it is appropriate to continue medication beyond the 21-day certification and for a period of up to 14 days. (viii) The district attorney, county counsel, or representative of a facility where a defendant found incompetent to stand trial is committed may petition the court for an order to administer involuntary medication pursuant to the criteria set forth in subclauses (II) and (III) of clause (i) of subparagraph (B). The order is reviewable as provided in paragraph (7). (3) (A) When the court orders that the defendant be committed to a State Department of State Hospitals facility or other public or private treatment facility, the court shall provide copies of the following documents prior to the admission of the defendant to the State Department of State Hospitals or other treatment facility where the defendant is to be committed: (i) The commitment order, which shall include a specification of the charges, an assessment of whether involuntary treatment with antipsychotic medications is warranted, and any orders by the court, pursuant to subparagraph (B) of paragraph (2), authorizing involuntary treatment with antipsychotic medications. (ii) A computation or statement setting forth the maximum term of commitment in accordance with subdivision (c). (iii) (I) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment. (II) If a certificate of restoration of competency was filed with the court pursuant to Section 1372 and the court subsequently rejected the certification, a copy of the court order or minute order rejecting the certification shall be provided. The court order shall include a new computation or statement setting forth the amount of credit for time served, if any, to be deducted from the defendant’s maximum term of commitment based on the court’s rejection of the certification. (iv) State summary criminal history information. (v) Jail classification records for the defendant’s current incarceration. (vi) Arrest reports prepared by the police department or other law enforcement agency. (vii) Court-ordered psychiatric examination or evaluation reports. (viii) The community program director’s placement recommendation report. (ix) Records of a finding of mental incompetence pursuant to this chapter arising out of a complaint charging a felony offense specified in Section 290 or a pending Section 1368 proceeding arising out of a charge of a Section 290 offense. (x) Medical records, including jail mental health records. (B) If a defendant is committed to a State Department of State Hospitals facility, and the department determines that additional medical or mental health treatment records are needed for continuity of care, any private or public entity holding medical or mental health treatment records of that defendant shall release those records upon receiving a written request from the State Department of State Hospitals within 10 calendar days after the request. The private or public entity holding the medical or mental health treatment records shall comply with all applicable federal and state privacy laws prior to disclosure. The State Department of State Hospitals shall not release records obtained during the admission process under this subdivision, pursuant to Section 1798.68 of the Civil Code, or subdivision (b) of Section 5328 of the Welfare and Institutions Code. (4) When the defendant is committed to a treatment facility pursuant to clause (i) of subparagraph (B) of paragraph (1) or the court makes the findings specified in clause (iii) or (iv) of subparagraph (B) of paragraph (1) to assign the defendant to a treatment facility other than a State Department of State Hospitals facility or other secure treatment facility, the court shall order that notice be given to the appropriate law enforcement agency or agencies having local jurisdiction at the placement facility of a finding of mental incompetence pursuant to this chapter arising out of a charge of a Section 290 offense. (5) When directing that the defendant be confined in a State Department of State Hospitals facility pursuant to this subdivision, the court shall commit the defendant to the State Department of State Hospitals. (6) (A) If the defendant is committed or transferred to the State Department of State Hospitals pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the State Department of State Hospitals facility and the community program director that the defendant be transferred to a public or private treatment facility approved by the community program director, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, transfer the defendant to the State Department of State Hospitals or to another public or private treatment facility approved by the community program director. In the event of dismissal of the criminal charges before the defendant recovers competence, the person shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). If either the defendant or the prosecutor chooses to contest either kind of order of transfer, a petition may be filed in the court for a hearing, which shall be held if the court determines that sufficient grounds exist. At the hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same standards as are used in conducting probation revocation hearings pursuant to Section 1203.2. Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee. (B) If the defendant is initially committed to a State Department of State Hospitals facility or secure treatment facility pursuant to clause (iii) or (iv) of subparagraph (B) of paragraph (1) and is subsequently transferred to any other facility, copies of the documents specified in paragraph (3) shall be electronically transferred or taken with the defendant to each subsequent facility to which the defendant is transferred. The transferring facility shall also notify the appropriate law enforcement agency or agencies having local jurisdiction at the site of the new facility that the defendant is a person subject to clause (iii) or (iv) of subparagraph (B) of paragraph (1). (7) (A) An order by the court authorizing involuntary medication of the defendant shall be valid for no more than one year. The court shall review the order at the time of the review of the initial report and the six-month progress reports pursuant to paragraph (1) of subdivision (b) to determine if the grounds for the authorization remain. In the review, the court shall consider the reports of the treating psychiatrist or psychiatrists and the defendant’s patients’ rights advocate or attorney. The court may require testimony from the treating psychiatrist and the patients’ rights advocate or attorney, if necessary. The court may continue the order authorizing involuntary medication for up to another six months, or vacate the order, or make any other appropriate order. (B) Within 60 days before the expiration of the one-year involuntary medication order, the district attorney, county counsel, or representative of any facility where a defendant found incompetent to stand trial is committed may petition the committing court for a renewal, subject to the same conditions and requirements as in subparagraph (A). The petition shall include the basis for involuntary medication set forth in clause (i) of subparagraph (B) of paragraph (2). Notice of the petition shall be provided to the defendant, the defendant’s attorney, and the district attorney. The court shall hear and determine whether the defendant continues to meet the criteria set forth in clause (i) of subparagraph (B) of paragraph (2). The hearing on a petition to renew an order for involuntary medication shall be conducted prior to the expiration of the current order. (8) For purposes of subparagraph (D) of paragraph (2) and paragraph (7), if the treating psychiatrist determines that there is a need, based on preserving their rapport with the defendant or preventing harm, the treating psychiatrist may request that the facility medical director designate another psychiatrist to act in the place of the treating psychiatrist. If the medical director of the facility designates another psychiatrist to act pursuant to this paragraph, the treating psychiatrist shall brief the acting psychiatrist of the relevant facts of the case and the acting psychiatrist shall examine the defendant prior to the hearing. (b) (1) Within 90 days after a commitment made pursuant to subdivision (a), the medical director of the State Department of State Hospitals facility or other treatment facility to which the defendant is confined shall make a written report to the court and the community program director for the county or region of commitment, or a designee, concerning the defendant’s progress toward recovery of mental competence and whether the administration of antipsychotic medication remains necessary. If the defendant is in county custody, the county jail shall provide access to the defendant for purposes of the State Department of State Hospitals conducting an evaluation of the defendant pursuant to Section 4335.2 of the Welfare and Institutions Code. Based upon this evaluation, the State Department of State Hospitals may make a written report to the court within 90 days of a commitment made pursuant to subdivision (a) concerning the defendant’s progress toward recovery of mental competence and whether the administration of antipsychotic medication is necessary. If the defendant remains in county custody after the initial 90-day report, the State Department of State Hospitals may conduct an evaluation of the defendant pursuant to Section 4335.2 of the Welfare and Institutions Code and make a written report to the court concerning the defendant’s progress toward recovery of mental competence and whether the administration of antipsychotic medication is necessary. If the defendant is on outpatient status, the outpatient treatment staff shall make a written report to the community program director concerning the defendant’s progress toward recovery of mental competence. Within 90 days of placement on outpatient status, the community program director shall report to the court on this matter. If the defendant has not recovered mental competence, but the report discloses a substantial likelihood that the defendant will attain mental competence in the foreseeable future, the defendant shall remain in the State Department of State Hospitals facility or other treatment facility or on outpatient status. Thereafter, at six-month intervals or until the defendant becomes mentally competent, if the defendant is confined in a treatment facility, the medical director of the State Department of State Hospitals facility or person in charge of the facility shall report, in writing, to the court and the community program director or a designee regarding the defendant’s progress toward recovery of mental competence and whether the administration of antipsychotic medication remains necessary. If the defendant is on outpatient status, after the initial 90-day report, the outpatient treatment staff shall report to the community program director on the defendant’s progress toward recovery, and the community program director shall report to the court on this matter at six-month intervals. A copy of these reports shall be provided to the prosecutor and defense counsel by the court. (A) If the report indicates that there is no substantial likelihood that the defendant will attain mental competence in the foreseeable future, custody of the defendant shall be transferred without delay to the committing county and shall remain with the county until further order of the court. The defendant shall be returned to the court for proceedings pursuant to paragraph (3) of subdivision (c) no later than 10 days following receipt of the report. The court shall not order the defendant returned to the custody of the State Department of State Hospitals under the same commitment. The court shall transmit a copy of its order to the community program director or a designee. (B) If the report indicates that there is no substantial likelihood that the defendant will attain mental competence in the foreseeable future, the medical director of the State Department of State Hospitals facility or other treatment facility to which the defendant is confined shall do both of the following: (i) Promptly notify and provide a copy of the report to the defense counsel and the district attorney. (ii) Provide a separate notification, in compliance with applicable privacy laws, to the committing county’s sheriff that immediate transportation will be needed for the defendant pursuant to subparagraph (A). (C) If a county does not take custody of a defendant committed to the State Department of State Hospitals within 10 calendar days following notification made pursuant to clause (ii) of subparagraph (B), the county shall be charged the daily rate for a state hospital bed, as established by the State Department of State Hospitals. (2) The reports made pursuant to paragraph (1) concerning the defendant’s progress toward attaining competency shall also consider the issue of involuntary medication. Each report shall include, but not be limited to, all of the following: (A) Whether or not the defendant has the capacity to make decisions concerning antipsychotic medication. (B) If the defendant lacks the capacity to make decisions concerning antipsychotic medication, whether the defendant risks serious harm to their physical or mental health if not treated with antipsychotic medication. (C) Whether or not the defendant presents a danger to others if the defendant is not treated with antipsychotic medication. (D) Whether the defendant has a mental disorder for which medications are the only effective treatment. (E) Whether there are any side effects from the medication currently being experienced by the defendant that would interfere with the defendant’s ability to collaborate with counsel. (F) Whether there are any effective alternatives to medication. (G) How quickly the medication is likely to bring the defendant to competency. (H) Whether the treatment plan includes methods other than medication to restore the defendant to competency. (I) A statement, if applicable, that no medication is likely to restore the defendant to competency. (3) After reviewing the reports, the court shall determine if grounds for the involuntary administration of antipsychotic medication exist, whether or not an order was issued at the time of commitment, and shall do one of the following: (A) If the original grounds for involuntary medication still exist, any order authorizing the treating facility to involuntarily administer antipsychotic medication to the defendant shall remain in effect. (B) If the original grounds for involuntary medication no longer exist, and there is no other basis for involuntary administration of antipsychotic medication, any order for the involuntary administration of antipsychotic medication shall be vacated. (C) If the original grounds for involuntary medication no longer exist, and the report states that there is another basis for involuntary administration of antipsychotic medication, the court shall determine whether to vacate the order or issue a new order for the involuntary administration of antipsychotic medication. The court shall consider the opinions in reports submitted pursuant to paragraph (1), including any opinions rendered pursuant to Section 4335.2 of the Welfare and Institutions Code. The court may, upon a showing of good cause, set a hearing within 21 days to determine whether the order for the involuntary administration of antipsychotic medication shall be vacated or whether a new order for the involuntary administration of antipsychotic medication shall be issued. The hearing shall proceed as set forth in subparagraph (B) of paragraph (2) of subdivision (a). The court shall require witness testimony to occur remotely, including clinical testimony pursuant to subdivision (d) of Section 4335.2 of the Welfare and Institutions Code. In-person witness testimony shall only be allowed upon a court’s finding of good cause. (D) If the report states a basis for involuntary administration of antipsychotic medication and the court did not issue such order at the time of commitment, the court shall determine whether to issue an order for the involuntary administration of antipsychotic medication. The court shall consider the opinions in reports submitted pursuant to paragraph (1), including any opinions rendered pursuant to Section 4335.2 of the Welfare and Institutions Code. The court may, upon a finding of good cause, set a hearing within 21 days to determine whether an order for the involuntary administration of antipsychotic medication shall be issued. The hearing shall proceed as set forth in subparagraph (B) of paragraph (2) of subdivision (a). The court shall require witness testimony to occur remotely, including clinical testimony pursuant to subdivision (d) of Section 4335.2 of the Welfare and Institutions Code. In-person witness testimony shall only be allowed upon a court’s finding of good cause. (E) This paragraph also applies to recommendations submitted pursuant to subdivision (e) of Section 1372, when a recommendation is included as to whether an order for the involuntary administration of antipsychotic medications should be extended or issued. (4) If it is determined by the court that treatment for the defendant’s mental impairment is not being conducted, the defendant shall be returned to the committing court, and, if the defendant is not in county custody, returned to the custody of the county. The court shall transmit a copy of its order to the community program director or a designee. (5) At each review by the court specified in this subdivision, the court shall determine if the security level of housing and treatment is appropriate and may make an order in accordance with its determination. If the court determines that the defendant shall continue to be treated in the State Department of State Hospitals facility or on an outpatient basis, the court shall determine issues concerning administration of antipsychotic medication, as set forth in subparagraph (B) of paragraph (2) of subdivision (a). (c) (1) At the end of two years from the date of commitment or a period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged in the information, indictment, or complaint, or the maximum term of imprisonment provided by law for a violation of probation or mandatory supervision, whichever is shorter, but no later than 90 days prior to the expiration of the defendant’s term of commitment, a defendant who has not recovered mental competence shall be returned to the committing court, and custody of the defendant shall be transferred without delay to the committing county and shall remain with the county until further order of the court. The court shall not order the defendant returned to the custody of the State Department of State Hospitals under the same commitment. The court shall notify the community program director or a designee of the return and of any resulting court orders. The maximum term of commitment applies to the aggregate of all previous commitments. (2) (A) The medical director of the State Department of State Hospitals facility or other treatment facility to which the defendant is confined shall provide notification, in compliance with applicable privacy laws, to the committing county’s sheriff that immediate transportation will be needed for the defendant pursuant to paragraph (1). (B) If a county does not take custody of a defendant committed to the State Department of State Hospitals within 10 calendar days following notification pursuant to subparagraph (A), the county shall be charged the daily rate for a state hospital bed, as established by the State Department of State Hospitals. (3) Whenever a defendant is returned to the court pursuant to paragraph (1) of this subdivision, subparagraph (D) of paragraph (1) of subdivision (a), or paragraph (1) or (4) of subdivision (b), and it appears to the court that the defendant is gravely disabled, as defined in subparagraph (A) or (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the court shall order the conservatorship investigator of the county of commitment of the defendant to initiate conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. Hearings required in the conservatorship proceedings shall be held in the superior court in the county that ordered the commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the community program director or a designee, the sheriff and the district attorney of the county in which criminal charges are pending, and the defendant’s counsel of record. The court shall notify the community program director or a designee, the sheriff and district attorney of the county in which criminal charges are pending, and the defendant’s counsel of record of the outcome of the conservatorship proceedings. (4) If a defendant is returned to court pursuant to paragraph (1) of this subdivision, subparagraph (D) of paragraph (1) of subdivision (a), or paragraph (1) or (4) of subdivision (b), and the prosecution elects to dismiss and refile charges pursuant to Section 1387, the court shall presume that the defendant is incompetent unless the court is presented with relevant and credible evidence that the defendant is competent. This evidence may include medical records, witness statements, or reports by qualified medical experts. If the court is satisfied that it has received substantial evidence that the defendant is competent, the court shall proceed as provided in Section 1369. Otherwise, the court shall find that the defendant is not mentally competent to stand trial and shall proceed as provided in paragraphs (1) and (3). The court shall not order the defendant returned to the custody of the State Department of State Hospitals for the purpose of restoration of competency. (5) If a change in placement is proposed for a defendant who is committed pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the court shall provide notice and an opportunity to be heard with respect to the proposed placement of the defendant to the sheriff and the district attorney of the county in which the criminal charges or revocation proceedings are pending. (6) If the defendant is confined in a treatment facility, a copy of any report to the committing court regarding the defendant’s progress toward recovery of mental competence shall be provided by the committing court to the prosecutor and to the defense counsel. (d) With the exception of proceedings alleging a violation of mandatory supervision, or in those instances where the defendant has been placed under a conservatorship pursuant to subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code, the criminal action remains subject to dismissal pursuant to Section 1385. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the community program director or a designee. In a proceeding alleging a violation of mandatory supervision, if the person is not placed under a conservatorship as described in paragraph (3) of subdivision (c), or if a conservatorship is terminated, the court shall reinstate mandatory supervision and may modify the terms and conditions of supervision to include appropriate mental health treatment or refer the matter to a local mental health court, reentry court, or other collaborative justice court available for improving the mental health of the defendant. (e) If the criminal action against the defendant is dismissed, the defendant shall be released from commitment ordered under this section, but without prejudice to the initiation of proceedings that may be appropriate under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). (f) As used in this chapter, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code. (g) For the purpose of this section, “secure treatment facility” does not include, except for State Department of State Hospitals facilities, state developmental centers, and correctional treatment facilities, any facility licensed pursuant to Chapter 2 (commencing with Section 1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2 (commencing with Section 1569) of, Division 2 of the Health and Safety Code, or any community board and care facility. (h) This section does not preclude a defendant from filing a petition for habeas corpus to challenge the continuing validity of an order authorizing a treatment facility or outpatient program to involuntarily administer antipsychotic medication to a person being treated as incompetent to stand trial. (Amended by Stats. 2025, Ch. 241, Sec. 26. (SB 857) Effective January 1, 2026.)
  153. 1370.01.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    If a defendant is found mentally competent, the case resumes; if found incompetent, the court must suspend proceedings and consider diversion, CARE Act referral, assisted outpatient treatment, conservatorship referral, or dismissal.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.01. (a) If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged violation shall proceed. (b) If the defendant is found mentally incompetent, the trial, judgment, or hearing on the alleged violation shall be suspended and the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine whether to do one or more of the following: (1) (A) (i) Conduct a hearing, pursuant to Chapter 2.8A (commencing with Section 1001.35) of Title 6, and, if the court deems the defendant eligible and suitable, grant diversion pursuant to Section 1001.36 for a period not to exceed one year from the date the individual is accepted into diversion or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter. (ii) Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a mental health diversion program in accordance with this section includes a misdemeanor violation of Section 23152 or 23153 of the Vehicle Code. However, this section does not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of Section 23152 or 23153 of the Vehicle Code. (B) Any hearing to determine eligibility and suitability for diversion shall be held no later than 30 days after the finding of incompetence. If the hearing is delayed beyond 30 days, the court shall order the defendant to be released on their own recognizance pending the hearing. (C) If the defendant performs satisfactorily on diversion pursuant to this section, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion. (2) Refer the defendant to the CARE Act court pursuant to Section 5978 of the Welfare and Institutions Code, if the defendant or counsel for the defendant agrees to the referral and the court has reason to believe that the defendant may be eligible for the CARE program. The CARE Act court shall hold a hearing to determine eligibility for the CARE program within 30 court days after the date of the referral. If the hearing is delayed beyond 30 court days, the court shall order the defendant, if confined in a county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into the CARE program, the CARE Act court shall notify the criminal court of the acceptance, and the charges shall be dismissed pursuant to Section 1385 six months after the date of the referral to the CARE program, unless the defendant’s case has been referred back to the court prior to the expiration of that six-month time period. If the defendant is not accepted into the CARE program or if the CARE Act court refers the defendant back to criminal court before the expiration of the six-month time period, the court shall proceed as provided in paragraph (1). Except as provided in this section and Sections 5978 and 5978.2 of the Welfare and Institutions Code, this paragraph does not alter the confidential nature of CARE program proceedings. (c) If the court finds the defendant ineligible or unsuitable for diversion based on the circumstances set forth in subdivision (b), (c), (d), or (g) of Section 1001.36, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine which one of the following actions the court will take: (1) Order modification of an existing mental health diversion treatment plan in accordance with a recommendation from the treatment provider. (2) Refer the defendant to assisted outpatient treatment pursuant to Section 5346 of the Welfare and Institutions Code. A referral to assisted outpatient treatment may only occur in a county where services are available pursuant to Section 5348 of the Welfare and Institutions Code, and the agency agrees to accept responsibility for treatment of the defendant. A hearing to determine eligibility for assisted outpatient treatment shall be held within 45 days after the finding of incompetency. If the hearing is delayed beyond 45 days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into assisted outpatient treatment, the charges shall be dismissed pursuant to Section 1385 six months after the date of the referral to assisted outpatient treatment, unless the defendant’s case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of assisted outpatient treatment. (3) Refer the defendant to the county conservatorship investigator in the county of commitment for possible conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county of commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the director’s designee and shall notify the county mental health director or their designee of the outcome of the proceedings. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. If a petition is not filed within 30 days of the referral, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending conservatorship proceedings. If the outcome of the conservatorship proceedings results in the filing of a petition for the establishment of a temporary or permanent conservatorship, the charges shall be dismissed pursuant to Section 1385 90 days after the date of the filing of the petition, unless the defendant’s case has been referred back to the court prior to the expiration of that time period. This section does not alter the confidential nature of conservatorship proceedings. (4) Refer the defendant to the CARE Act court pursuant to Section 5978 of the Welfare and Institutions Code. The CARE Act court shall hold a hearing to determine eligibility for the CARE program within 14 court days after the date that the petition is filed. If the hearing is delayed beyond 14 court days, the court shall order the defendant, if confined in a county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into the CARE program, the CARE Act court shall notify the criminal court of the acceptance, and the charges shall be dismissed pursuant to Section 1385 six months after the date of the referral to the CARE program, unless the defendant’s case has been referred back to the court prior to the expiration of that time period. Except as provided in this section and Sections 5978 and 5978.2 of the Welfare and Institutions Code, this paragraph does not alter the confidential nature of CARE program proceedings. (5) If the defendant does not qualify for services pursuant to paragraphs (1) to (4), inclusive, dismiss the charges. (d) It is the intent of the Legislature that a defendant subject to the terms of this section receive mental health treatment in a treatment facility and not a jail. A term of four days will be deemed to have been served for every two days spent in actual custody against the maximum period of treatment pursuant to paragraphs (2) and (4) of subdivision (c) and paragraphs (1) and (2) of subdivision (b), if applicable. A defendant not in actual custody shall otherwise receive day for day credit against the term of treatment from the date the defendant is accepted into treatment in the event that the criminal charges have not previously been dismissed. “Actual custody” has the same meaning as in Section 4019. (e) The county behavioral health agency and jail medical providers may share confidential medical records and other relevant information with the court, including, but not limited to, prior interactions with and treatment of the defendant, for the purpose of determining likelihood of eligibility for behavioral health services and programs pursuant to this section. The disclosure of information pursuant to this subdivision is subject to applicable state and federal privacy laws. (f) This section shall apply only as provided in subdivision (b) of Section 1367. (g) It is the intent of the Legislature that the court shall consider all treatment options as provided in this section prior to dismissing criminal charges. However, nothing in this section limits a court’s discretion pursuant to Section 1385. (Amended by Stats. 2025, Ch. 528, Sec. 1. (SB 27) Effective January 1, 2026.)
  154. 1370.015.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    A person in State Department of State Hospitals custody for incompetence to stand trial or punishment may be eligible for compassionate release, and the Department must use Welfare and Institutions Code Section 4146 procedures and standards when deciding whether to recommend that the court suspend the treatment commitment and criminal charges.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.015. A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment for treatment and the underlying criminal charges be suspended for compassionate release. (Added by Stats. 2016, Ch. 715, Sec. 2. (SB 955) Effective January 1, 2017.)
  155. 1370.02.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    This section controls what happens in revocation proceedings when the defendant or parolee is found mentally competent or incompetent.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.02. (a) If the defendant is found mentally competent during a postrelease community supervision or parole revocation hearing, the revocation proceedings shall resume. The formal hearing on the revocation shall occur within a reasonable time after resumption of the proceedings, but in no event may the defendant be detained in custody for over 180 days from the date of arrest. (b) If the defendant is found mentally incompetent, the court shall dismiss the pending revocation matter and return the defendant to supervision. If the revocation matter is dismissed pursuant to this subdivision, the court may, using the least restrictive option to meet the mental health needs of the defendant, also do any of the following: (1) Modify the terms and conditions of supervision to include appropriate mental health treatment. (2) Refer the matter to any local mental health court, reentry court, or other collaborative justice court available for improving the mental health of the defendant. (3) Refer the matter to the public guardian of the county of commitment to initiate conservatorship proceedings pursuant to Sections 5352 and 5352.5 of the Welfare and Institutions Code. The public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. The court shall order the matter to the public guardian pursuant to this paragraph only if there are no other reasonable alternatives to the establishment of a conservatorship to meet the mental health needs of the defendant. (c) (1) Notwithstanding any other law, if a person subject to parole pursuant to Section 3000.1 or paragraph (4) of subdivision (b) of Section 3000 is found mentally incompetent, the court shall order the parolee to undergo treatment pursuant to Section 1370 for restoring the person to competency, except that if the parolee is not restored to competency within the maximum period of confinement and the court dismisses the revocation, the court shall return the parolee to parole supervision. (2) If the parolee is returned to parole supervision, the court may, using the least restrictive option to meet the mental health needs of the parolee, do any of the following: (A) Modify the terms and conditions of parole to include appropriate mental health treatment. (B) Refer the matter to any local mental health court, reentry court, or other collaborative justice court available for improving the mental health of the parolee. (C) Refer the matter to the public guardian of the county of commitment to initiate conservatorship proceedings pursuant to Sections 5352 and 5352.5 of the Welfare and Institutions Code. The public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. The court shall order the matter to the public guardian pursuant to this subparagraph only if there are no other reasonable alternatives to the establishment of a conservatorship to meet the mental health needs of the parolee. (d) If a conservatorship is established for a defendant or parolee pursuant to subdivision (b) or (c), the county or the Department of Corrections and Rehabilitation shall not compassionately release the defendant or parolee or otherwise cause the termination of his or her supervision or parole based on the establishment of that conservatorship. (Added by Stats. 2014, Ch. 759, Sec. 9. (SB 1412) Effective January 1, 2015.)
  156. 1370.1.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    This section sets procedures for criminal defendants found mentally incompetent, including evaluation, placement, reporting, return to court, and possible dismissal or supervision changes.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.1. (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged violation shall proceed, and judgment may be pronounced. (B) If the defendant is found mentally incompetent and has been determined by a regional center to have a developmental disability, the trial or judgment shall be suspended until the defendant becomes mentally competent. (i) Except as provided in clause (ii) or (iii), the court shall consider a recommendation for placement. The recommendation shall be made to the court by the director of a regional center or the director’s designee. In the meantime, the court shall order that the mentally incompetent defendant be delivered by the sheriff or other person designated by the court to a state hospital, developmental center, or any other available residential facility approved by the director of a regional center established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code as will promote the defendant’s speedy attainment of mental competence, or be placed on outpatient status pursuant to the provisions of Section 1370.4 and Title 15 (commencing with Section 1600). (ii) When the action against a defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290, the prosecutor shall determine whether the defendant previously has been found mentally incompetent to stand trial pursuant to this chapter on a charge of a Section 290 offense, or whether the defendant is currently the subject of a pending Section 1368 proceeding arising out of a charge of an offense specified in Section 290. If either determination is made, the prosecutor shall so notify the court and defendant in writing. After this notification, and opportunity for hearing, the court shall order that the defendant be delivered by the sheriff to a state hospital or other secure treatment facility for the care and treatment of persons with developmental disabilities unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others. (iii) If the action against the defendant who has been found mentally incompetent is on a complaint charging a felony offense specified in Section 290 and the defendant has been denied bail pursuant to subdivision (b) of Section 12 of Article I of the California Constitution because the court has found, based upon clear and convincing evidence, a substantial likelihood that the person’s release would result in great bodily harm to others, the court shall order that the defendant be delivered by the sheriff to a state hospital for the care and treatment of persons with developmental disabilities unless the court makes specific findings on the record that an alternative placement would provide more appropriate treatment for the defendant and would not pose a danger to the health and safety of others. (iv) The clerk of the court shall notify the Department of Justice, in writing, of a finding of mental incompetence with respect to a defendant who is subject to clause (ii) or (iii) for inclusion in the defendant’s state summary criminal history information. (C) If the court finds that there is no substantial likelihood that the defendant will attain mental competence in the foreseeable future, the court shall proceed as provided in paragraph (2) of subdivision (c). (D) Upon becoming competent, the court shall order that the defendant be returned to the committing court pursuant to the procedures set forth in paragraph (2) of subdivision (a) of Section 1372 or by another person designated by the court. The court shall further determine conditions under which the person may be absent from the placement for medical treatment, social visits, and other similar activities. Required levels of supervision and security for these activities shall be specified. (E) The court shall transmit a copy of its order to the regional center director or the director’s designee and to the Director of Developmental Services. (F) A defendant charged with a violent felony may not be placed in a facility or delivered to a state hospital, developmental center, or residential facility pursuant to this subdivision unless the facility, state hospital, developmental center, or residential facility has a secured perimeter or a locked and controlled treatment facility, and the judge determines that the public safety will be protected. (G) For purposes of this paragraph, “violent felony” means an offense specified in subdivision (c) of Section 667.5. (H) A defendant charged with a violent felony may be placed on outpatient status, as specified in Section 1370.4 or 1600, only if the court finds that the placement will not pose a danger to the health or safety of others. (I) As used in this section, “developmental disability” has the same meaning as in Section 4512 of the Welfare and Institutions Code. (2) Prior to making the order directing that the defendant be confined in a state hospital, developmental center, or other residential facility, or be placed on outpatient status, the court shall order the regional center director or the director’s designee to evaluate the defendant and to submit to the court, within 15 judicial days of the order, a written recommendation as to whether the defendant should be committed to a state hospital, a developmental center, or to any other available residential facility approved by the regional center director. A person shall not be admitted to a state hospital, developmental center, or other residential facility or accepted for outpatient status under Section 1370.4 without having been evaluated by the regional center director or the director’s designee. (3) If the court orders that the defendant be confined in a state hospital or other secure treatment facility pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1), the court shall provide copies of the following documents, which shall be taken with the defendant to the state hospital or other secure treatment facility where the defendant is to be confined: (A) State summary criminal history information. (B) Any arrest reports prepared by the police department or other law enforcement agency. (C) Records of a finding of mental incompetence pursuant to this chapter arising out of a complaint charging a felony offense specified in Section 290 or a pending Section 1368 proceeding arising out of a charge of an offense specified in Section 290. (4) When the defendant is committed to a residential facility pursuant to clause (i) of subparagraph (B) of paragraph (1) or the court makes the findings specified in clause (ii) or (iii) of subparagraph (B) of paragraph (1) to assign the defendant to a facility other than a state hospital or other secure treatment facility, the court shall order that notice be given to the appropriate law enforcement agency or agencies having local jurisdiction at the site of the placement facility of a finding of mental incompetence pursuant to this chapter arising out of a charge of an offense specified in Section 290. (5) (A) If the defendant is committed or transferred to a state hospital or developmental center pursuant to this section, the court may, upon receiving the written recommendation of the executive director of the state hospital or developmental center and the regional center director that the defendant be transferred to a residential facility approved by the regional center director, order the defendant transferred to that facility. If the defendant is committed or transferred to a residential facility approved by the regional center director, the court may, upon receiving the written recommendation of the regional center director, transfer the defendant to a state hospital, a developmental center, or to another residential facility approved by the regional center director. In the event of dismissal of the criminal action or revocation proceedings before the defendant recovers competence, the person shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or to commitment or detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code. The defendant or prosecuting attorney may contest either kind of order of transfer by filing a petition with the court for a hearing, which shall be held if the court determines that sufficient grounds exist. At the hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same standards as used in conducting probation revocation hearings pursuant to Section 1203.2. Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the regional center director or designee. (B) If the defendant is committed to a state hospital or secure treatment facility pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1) and is subsequently transferred to another facility, copies of the documents specified in paragraph (3) shall be taken with the defendant to the new facility. The transferring facility shall also notify the appropriate law enforcement agency or agencies having local jurisdiction at the site of the new facility that the defendant is a person subject to clause (ii) or (iii) of subparagraph (B) of paragraph (1). (b) (1) Within 90 days of admission of a person committed pursuant to subdivision (a), the executive director or the director’s designee of the state hospital, developmental center, or other facility to which the defendant is committed, shall make a written report to the committing court and the regional center director or a designee concerning the defendant’s progress toward becoming mentally competent. If the defendant is placed on outpatient status, this report shall be made to the committing court by the regional center director or the director’s designee. If the defendant has not become mentally competent, but the report discloses a substantial likelihood the defendant will become mentally competent within the next 90 days, the court may order that the defendant remain in the state hospital, developmental center, or other facility or on outpatient status for that period of time. Within 150 days of an admission made pursuant to subdivision (a), or if the defendant becomes mentally competent, the executive director or the director’s designee of the state hospital, developmental center, or other facility to which the defendant is committed shall report to the court and the regional center director or the director’s designee regarding the defendant’s progress toward becoming mentally competent. If the defendant is placed on outpatient status, the regional center director or the director’s designee shall make that report to the committing court. The court shall provide copies of all reports under this section to the prosecutor and defense counsel. If the report indicates that there is no substantial likelihood that the defendant has become mentally competent, the committing court shall order the defendant to be returned to the court for proceedings pursuant to paragraph (2) of subdivision (c). The court shall transmit a copy of its order to the regional center director or the director’s designee and to the executive director of the developmental center. (2) If it is determined by the court that treatment for the defendant’s mental impairment is not being conducted, the defendant shall be returned to the committing court. A copy of this order shall be sent to the regional center director or the director’s designee and to the executive director of the developmental center. (3) At each review by the court specified in this subdivision, the court shall determine if the security level of housing and treatment is appropriate and may make an order in accordance with its determination. (c) (1) (A) At the end of two years from the date of commitment or a period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged in the information, indictment, or misdemeanor complaint, or the maximum term of imprisonment provided by law for a violation of probation or mandatory supervision, whichever is shorter, a defendant who has not become mentally competent shall be returned to the committing court. (B) The court shall notify the regional center director or the director’s designee and the executive director of the developmental center of that return and of any resulting court orders. (2) (A) Except as provided in subparagraph (B), in the event of dismissal of the criminal charges before the defendant becomes mentally competent, the defendant shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), or to commitment and detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code. If it is found that the person is not subject to commitment or detention pursuant to the applicable provision of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or to commitment or detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code, the individual shall not be subject to further confinement pursuant to this article and the criminal action remains subject to dismissal pursuant to Section 1385. The court shall notify the regional center director and the executive director of the developmental center of any dismissal. (B) In revocation proceedings alleging a violation of mandatory supervision in which the defendant remains incompetent upon return to court under subparagraph (A), the defendant shall be subject to the applicable provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), or to commitment and detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code. If it is found that the person is not subject to commitment or detention pursuant to the applicable provision of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or to commitment or detention pursuant to a petition filed pursuant to Section 6502 of the Welfare and Institutions Code, the court shall reinstate mandatory supervision and modify the terms and conditions of supervision to include appropriate mental health treatment or refer the matter to a local mental health court, reentry court, or other collaborative justice court available for improving the mental health of the defendant. Actions alleging a violation of mandatory supervision are not subject to dismissal under Section 1385. (d) Except as provided in subparagraph (B) of paragraph (2) of subdivision (c), the criminal action remains subject to dismissal pursuant to Section 1385. If at any time prior to the maximum period of time allowed for proceedings under this article, the regional center director concludes that the behavior of the defendant related to the defendant’s criminal offense has been eliminated during time spent in court-ordered programs, the court may, upon recommendation of the regional center director, dismiss the criminal charges. The court shall transmit a copy of any order of dismissal to the regional center director and to the executive director of the developmental center. (e) If a defendant is returned to court pursuant to subparagraph (C) of paragraph (1) of subdivision (a), paragraph (1) of subdivision (b), or subparagraph (A) of paragraph (1) of subdivision (c), and the prosecution elects to dismiss and refile charges pursuant to Section 1387, the court shall presume that the defendant is incompetent unless the court is presented with relevant and credible evidence that the defendant is competent. Such evidence may include medical records, witness statements, or reports by qualified medical experts. If the court is satisfied that it has received substantial evidence that the defendant is competent, the court shall proceed as provided in Section 1369. Otherwise, the court shall find that the defendant is not mentally competent to stand trial and proceed as provided in subdivision (c). (f) If the defendant is found incompetent after the refiling of charges, the defendant may be further committed only for the balance of time remaining pursuant to subparagraph (A) of paragraph (1) of subdivision (c). The maximum term of commitment as specified in subparagraph (A) of paragraph (1) of subdivision (c) applies to the aggregate of all previous commitments. The court shall not order the defendant returned to the custody of the State Department of Developmental Services for the purposes of restoration of competency. (g) For the purpose of this section, “secure treatment facility” does not include, except for state mental hospitals, state developmental centers, and correctional treatment facilities, a facility licensed pursuant to Chapter 2 (commencing with Section 1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2 (commencing with Section 1569) of, Division 2 of the Health and Safety Code, or a community board and care facility. (Amended by Stats. 2024, Ch. 646, Sec. 5. (SB 1323) Effective January 1, 2025.)
  157. 1370.2.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    If a defendant is found mentally incompetent under this chapter, the superior court may dismiss any pending misdemeanor charge. The court must give 10 days’ notice to the district attorney before a dismissal motion, and must send dismissal orders to specified mental health or developmental services officials as appropriate.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.2. If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending against the mentally incompetent person. Ten days notice shall be given to the district attorney of any motion to dismiss pursuant to this section. The court shall transmit a copy of any order dismissing a misdemeanor charge pursuant to this section to the community program director, the county mental health director, or the regional center director and the Director of Developmental Services, as appropriate. (Amended by Stats. 1992, Ch. 722, Sec. 14. Effective September 15, 1992.)
  158. 1370.3.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    A person committed to a state hospital or other treatment facility under this chapter may be placed on outpatient status if Title 15 is followed.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.3. A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such commitment as provided in Title 15 (commencing with Section 1600) of Part 2. (Repealed and added by Stats. 1980, Ch. 547, Sec. 12.)
  159. 1370.4.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    If the listed opinions and agreements are in place, the court may order the defendant to receive outpatient treatment.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.4. If, in the evaluation ordered by the court under Section 1370.1, the regional center director, or a designee, is of the opinion that the defendant is not a danger to the health and safety of others while on outpatient treatment and will benefit from such treatment, and has obtained the agreement of the person in charge of a residential facility and of the defendant that the defendant will receive and submit to outpatient treatment and that the person in charge of the facility will designate a person to be the outpatient supervisor of the defendant, the court may order the defendant to undergo outpatient treatment. All of the provisions of Title 15 (commencing with Section 1600) of Part 2 shall apply where a defendant is placed on outpatient status under this section, except that the regional center director shall be substituted for the community program director, the Director of Developmental Services for the Director of State Hospitals, and a residential facility for a treatment facility for the purposes of this section. (Amended by Stats. 2012, Ch. 440, Sec. 36. (AB 1488) Effective September 22, 2012.)
  160. 1370.5.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    A committed person who escapes from a state hospital or mental health facility, or while being transported to or from one, can be imprisoned, and the facility’s medical director or person in charge must promptly notify police or the sheriff, request help, and notify the court, prosecutor, and Department of Justice within 48 hours.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.5. (a) A person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370.01, 1370.02, or 1370.1, who escapes from or who escapes while being conveyed to or from a state hospital or facility, is punishable by imprisonment in a county jail not to exceed one year or in the state prison for a determinate term of one year and one day. The term of imprisonment imposed pursuant to this section shall be served consecutively to any other sentence or commitment. (b) The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been committed pursuant to the provisions of Section 1370, 1370.01, 1370.02, or 1370.1 shall promptly notify the chief of police of the city in which the hospital or facility is located, or the sheriff of the county if the hospital or facility is located in an unincorporated area, of the escape of the person, and shall request the assistance of the chief of police or sheriff in apprehending the person, and shall within 48 hours of the escape of the person orally notify the court that made the commitment, the prosecutor in the case, and the Department of Justice of the escape. (Amended by Stats. 2014, Ch. 759, Sec. 11. (SB 1412) Effective January 1, 2015.)
  161. 1370.6.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    This section directs who must provide competency-restoration treatment, transportation, reimbursement, and indemnity for certain defendants in county jail or community-based residential settings.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1370.6. (a) If a mentally incompetent defendant is admitted to a county jail treatment facility pursuant to Section 1370, the department shall provide restoration of competency treatment at the county jail treatment facility and shall provide payment to the county jail treatment facility for the reasonable costs of the bed during the restoration of competency treatment as well as for the reasonable costs of any necessary medical treatment not provided within the county jail treatment facility, unless otherwise agreed to by the department and the facility. (1) If the county jail treatment facility is able to provide restoration of competency services, upon approval by the department and subject to funding appropriated in the annual Budget Act, the county jail treatment facility may provide those services and the State Department of State Hospitals may provide payment to the county jail treatment facility for the reasonable costs of the bed during the restoration of competency treatment as well as the reasonable costs of providing restoration of competency services and for any necessary medical treatment not provided within the county jail treatment facility, unless otherwise agreed to by the department and the facility. (2) Transportation to a county jail treatment facility for admission and from the facility upon the filing of a certificate of restoration of competency, or for transfer of a person to another county jail treatment facility or to a state hospital, shall be provided by the committing county unless otherwise agreed to by the department and the facility. (3) In the event the State Department of State Hospitals and a county jail treatment facility are determined to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under such a contract, each shall indemnify the other to the extent of its comparative fault. (b) If the community-based residential system is selected by the court pursuant to Section 1370, the State Department of State Hospitals shall provide reimbursement to the community-based residential treatment system for the cost of restoration of competency treatment as negotiated with the State Department of State Hospitals. (c) The State Department of State Hospitals may provide payment to either a county jail treatment facility or a community-based residential treatment system directly through invoice, or through a contract, at the discretion of the department in accordance with the terms and conditions of the contract or agreement. (Amended by Stats. 2022, Ch. 47, Sec. 44. (SB 184) Effective June 30, 2022.)
  162. 13700.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 1. General Provisions [13700 - 13702] ( Chapter 1 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    This section defines key terms used in the domestic violence title, including abuse, domestic violence, cohabitant, officer, and victim.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 1. General Provisions [13700 - 13702] ( Chapter 1 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13700. As used in this title: (a) “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. (b) “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship. (c) “Officer” means any officer or employee of a local police department or sheriff’s office, and any peace officer of the Department of the California Highway Patrol, the Department of Parks and Recreation, the University of California Police Department, or the California State University and College Police Departments, as defined in Section 830.2, a peace officer of the Department of General Services of the City of Los Angeles, as defined in subdivision (c) of Section 830.31, a housing authority patrol officer, as defined in subdivision (d) of Section 830.31, a peace officer as defined in subdivisions (a) and (b) of Section 830.32, or a peace officer as defined in subdivision (a) of Section 830.33. (d) “Victim” means a person who is a victim of domestic violence. (Amended by Stats. 2016, Ch. 50, Sec. 75. (SB 1005) Effective January 1, 2017.)
  163. 13701.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 1. General Provisions [13700 - 13702] ( Chapter 1 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    Law enforcement agencies must adopt and implement written domestic-violence response policies, and those policies must cover arrests, reporting, victim assistance, and related standards.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 1. General Provisions [13700 - 13702] ( Chapter 1 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13701. (a) Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls by January 1, 1986. These policies shall reflect that domestic violence is alleged criminal conduct. Further, they shall reflect existing policy that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred. (b) The written policies shall encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. These policies also shall require the arrest of an offender, absent exigent circumstances, if there is probable cause that a protective order issued under Chapter 4 (commencing with Section 2040) of Part 1 of Division 6, Division 10 (commencing with Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3 of Division 12, of the Family Code, or Section 136.2 of this code, or by a court of any other state, a commonwealth, territory, or insular possession subject to the jurisdiction of the United States, a military tribunal, or a tribe has been violated. These policies shall discourage, when appropriate, but not prohibit, dual arrests. Peace officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense. Notwithstanding subdivision (d), law enforcement agencies shall develop these policies with the input of local domestic violence agencies. (c) These existing local policies and those developed shall be in writing and shall be available to the public upon request and shall include specific standards for the following: (1) Felony arrests. (2) Misdemeanor arrests. (3) Use of citizen arrests. (4) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled. (5) Verification and enforcement of stay-away orders. (6) Cite and release policies. (7) Emergency assistance to victims, such as medical care, transportation to a shelter or to a hospital for treatment when necessary, and police standbys for removing personal property and assistance in safe passage out of the victim’s residence. (8) Assisting victims in pursuing criminal options, such as giving the victim the report number and directing the victim to the proper investigation unit. (9) Furnishing written notice to victims at the scene, including, but not limited to, all of the following information: (A) A statement informing the victim that despite official restraint of the person alleged to have committed domestic violence, the restrained person may be released at any time. (B) A statement that, “For further information about a shelter you may contact ____.” (C) A statement that, “For information about other services in the community, where available, you may contact ____.” (D) A statement that, “For information about the California Victims’ Compensation Program, you may contact 1-800-777-9229.” (E) A statement informing the victim of domestic violence that the victim may ask the district attorney to file a criminal complaint. (F) A statement informing the victim of the right to go to the superior court and file a petition requesting any of the following orders for relief: (i) An order restraining the attacker from abusing the victim and other family members. (ii) An order directing the attacker to leave the household. (iii) An order preventing the attacker from entering the residence, school, business, or place of employment of the victim. (iv) An order awarding the victim or the other parent custody of or visitation with a minor child or children. (v) An order restraining the attacker from molesting or interfering with minor children in the custody of the victim. (vi) An order directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so. (vii) An order directing the defendant to make specified debit payments coming due while the order is in effect. (viii) An order directing that either or both parties participate in counseling. (G) A statement informing the victim of the right to file a civil suit for losses suffered as a result of the abuse, including medical expenses, loss of earnings, and other expenses for injuries sustained and damage to property, and any other related expenses incurred by the victim or any agency that shelters the victim. (H) In the case of an alleged violation of subdivision (e) of Section 243 or Section 261, 261.5, 273.5, 286, 287, or 289, or former Section 262 or 288a, a “Victims of Domestic Violence” card which shall include, but is not limited to, the following information: (i) The names and phone numbers of or local county hotlines for, or both the phone numbers of and local county hotlines for, local shelters for victims of domestic violence and rape victim counseling centers within the county, including those centers specified in Section 13837, and their 24-hour counseling service telephone numbers. (ii) A simple statement on the proper procedures for a victim to follow after a sexual assault. (iii) A statement that sexual assault by a person who is known to the victim, including sexual assault by a person who is the spouse of the victim, is a crime. (iv) A statement that domestic violence or assault by a person who is known to the victim, including domestic violence or assault by a person who is the spouse of the victim, is a crime. (I) A statement informing the victim that strangulation may cause internal injuries and encouraging the victim to seek medical attention. (10) Writing of reports. (d) In the development of these policies and standards, each local department is encouraged to consult with domestic violence experts, such as the staff of the local shelter for victims of domestic violence and their children. Departments may use the response guidelines developed by the commission in developing local policies. (Amended by Stats. 2021, Ch. 626, Sec. 68. (AB 1171) Effective January 1, 2022.)
  164. 13702.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 1. General Provisions [13700 - 13702] ( Chapter 1 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    Law enforcement agencies must adopt written dispatcher response policies for domestic violence calls by July 1, 1991.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 1. General Provisions [13700 - 13702] ( Chapter 1 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13702. Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for dispatchers’ response to domestic violence calls by July 1, 1991. These policies shall reflect that calls reporting threatened, imminent, or ongoing domestic violence, and the violation of any protection order, including orders issued pursuant to Section 136.2, and restraining orders, shall be ranked among the highest priority calls. Dispatchers are not required to verify the validity of the protective order before responding to the request for assistance. (Added by Stats. 1990, Ch. 1692, Sec. 4.)
  165. 1371.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    If the defendant is committed under the listed sections, the bail is exonerated and certain people may get back money paid instead of 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1371. The commitment of the defendant, as described in Section 1370, 1370.1, 1370.01, or 1370.02, exonerates his or her bail, or entitles a person, authorized to receive the property of the defendant, to a return of any money he or she may have deposited instead of bail, or gives, to the person or persons found by the court to have deposited any money instead of bail on behalf of the defendant, a right to the return of that money. (Amended by Stats. 2014, Ch. 759, Sec. 12. (SB 1412) Effective January 1, 2015.)
  166. 13710.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 2. Restraining Orders [13710 - 13711] ( Chapter 2 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    Law enforcement agencies must keep detailed records of domestic violence protection orders and, on request, serve the restrained party.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 2. Restraining Orders [13710 - 13711] ( Chapter 2 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13710. (a) (1) Law enforcement agencies shall maintain a complete and systematic record of all protection orders with respect to domestic violence incidents, including orders which have not yet been served, issued pursuant to Section 136.2, restraining orders, and proofs of service in effect. This shall be used to inform law enforcement officers responding to domestic violence calls of the existence, terms, and effective dates of protection orders in effect. (2) The police department of a community college or school district described in subdivision (a) or (b) of Section 830.32 shall notify the sheriff or police chief of the city in whose jurisdiction the department is located of any protection order served by the department pursuant to this section. (b) The terms and conditions of the protection order remain enforceable, notwithstanding the acts of the parties, and may be changed only by order of the court. (c) Upon request, law enforcement agencies shall serve the party to be restrained at the scene of a domestic violence incident or at any time the party is in custody. (Amended by Stats. 2013, Ch. 161, Sec. 2. (AB 81) Effective August 27, 2013.)
  167. 13711.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 2. Restraining Orders [13710 - 13711] ( Chapter 2 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    When a domestic violence protection order is applied for or issued, the clerk of the superior court must give the protected person a pamphlet.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 2. Restraining Orders [13710 - 13711] ( Chapter 2 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13711. Whenever a protection order with respect to domestic violence incidents, including orders issued pursuant to Section 136.2 and restraining orders, is applied for or issued, it shall be the responsibility of the clerk of the superior court to distribute a pamphlet to the person who is to be protected by the order that includes the following: (a) Information as specified in subdivision (i) of Section 13701. (b) Notice that it is the responsibility of the victim to request notification of an inmate’s release. (c) Notice that the terms and conditions of the protection order remain enforceable, notwithstanding any acts of the parties, and may be changed only by order of the court. (d) Notice that the protection order is enforceable in any state, in a commonwealth, territory, or insular possession subject to the jurisdiction of the United States, or on a reservation, and general information about agencies in other jurisdictions that may be contacted regarding enforcement of a protective order issued by a court of this state. (Amended by Stats. 1999, Ch. 661, Sec. 12. Effective January 1, 2000.)
  168. 1372.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    When competence is restored, officials must file certification with the court, the sheriff must return the person to court, and several follow-up notices, hearings, and timing limits 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1372. (a) (1) If the medical director of a state hospital, a person designated by the State Department of State Hospitals at an entity contracted by the department to provide services to a defendant prior to placement in a treatment program or other facility to which the defendant is committed, or the community program director, county mental health director, or regional center director providing outpatient services, determines that the defendant has regained mental competence, the director or designee shall immediately certify that fact to the court by filing a certificate of restoration with the court by certified mail, return receipt requested, or by confidential electronic transmission. This shall include any certificate of restoration filed by the State Department of State Hospitals based on an evaluation conducted pursuant to Section 4335.2 of the Welfare and Institutions Code. For purposes of this section, the date of filing shall be the date on the return receipt. (2) The court’s order committing an individual to a State Department of State Hospitals facility or other treatment facility pursuant to Section 1370 shall include direction that the sheriff shall redeliver the patient to the court without any further order from the court upon receiving from the state hospital or treatment facility a copy of the certificate of restoration. (3) The defendant shall be returned to the committing court in the following manner, except that a defendant in county custody that the State Department of State Hospitals has evaluated pursuant to Section 4335.2 of the Welfare and Institutions Code and filed a certificate of restoration with the court shall remain in county custody: (A) A patient who remains confined in a state hospital or other treatment facility shall be redelivered to the sheriff of the county from which the patient was committed. The sheriff shall immediately return the person from the state hospital or other treatment facility to the court for further proceedings. (B) The patient who is on outpatient status shall be returned by the sheriff to court through arrangements made by the outpatient treatment supervisor. (C) In all cases, the patient shall be returned to the committing court no later than 10 days following the filing of a certificate of restoration. The state shall only pay for 10 calendar days for patients who remain in a facility described in Section 4100 of the Welfare and Institutions Code following the filing of a certificate of restoration of competency. The State Department of State Hospitals shall report to the fiscal and appropriate policy committees of the Legislature on an annual basis in February, on the number of days that exceed the 10-day limit prescribed in this subparagraph. This report shall include, but not be limited to, a data sheet that itemizes by county the number of days that exceed this 10-day limit during the preceding year. (b) If the defendant becomes mentally competent after a conservatorship has been established pursuant to the applicable provisions of the Lanterman-Petris-Short Act, Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, and Section 1370, the conservator shall certify that fact to the sheriff and district attorney of the county in which the defendant’s case is pending, defendant’s attorney of record, and the committing court. (c) (1) When a defendant is returned to court with a certification that competence has been regained, including a certification of restoration provided pursuant to Section 4335.2 of the Welfare and Institutions Code, the court shall notify either the community program director, the county mental health director, the State Department of State Hospitals, or the regional center director and the Director of Developmental Services, as appropriate, of the date of any hearing on the defendant’s competence and whether or not the defendant was found by the court to have recovered competence. (2) If the court rejects a certificate of restoration, the court shall base its rejection on a written report of an evaluation, conducted by a licensed psychologist or psychiatrist, that the defendant is not competent. The evaluation shall be conducted after the certificate of restoration is filed with the committing court and in compliance with Section 1369. A copy of the written report shall be provided to the department pursuant to paragraph (3) of subdivision (a) of Section 1370. The court shall also provide a copy of the court order or minute order rejecting the certification of restoration to the department, pursuant to clause (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 1370, including any minute orders continuing the hearing for the court’s determination. (d) If the committing court approves the certificate of restoration to competence as to a person in custody, the court shall notify the State Department of State Hospitals by providing the State Department of State Hospitals with a copy of the court order or minute order approving the certificate of restoration to competence. The court shall hold a hearing to determine whether the person is entitled to be admitted to bail or released on own recognizance status pending conclusion of the proceedings. If the superior court approves the certificate of restoration to competence regarding a person on outpatient status, unless it appears that the person has refused to come to court, that person shall remain released either on own recognizance status, or, in the case of a developmentally disabled person, either on the defendant’s promise or on the promise of a responsible adult to secure the person’s appearance in court for further proceedings. If the person has refused to come to court, the court shall set bail and may place the person in custody until bail is posted. (e) (1) A defendant subject to either subdivision (a) or (b) who is not admitted to bail or released under subdivision (d) may, at the discretion of the court, and only upon the recommendation of the person or entity that issued the certification of restoration to competence, be returned to the hospital or facility of their original commitment or other appropriate secure facility approved by the community program director, the county mental health director, or the regional center director. If the recommendation was submitted by the State Department of State Hospitals, the defendant shall be placed at a facility described in Section 4100 of the Welfare and Institutions Code at the discretion of, and as directed by, the department. The recommendation submitted to the court shall be based on the opinion that the person will need continued treatment in a hospital or treatment facility in order to maintain competence to stand trial or that placing the person in a jail environment would create a substantial risk that the person would again become incompetent to stand trial before criminal proceedings could be resumed or completed. (2) Any return to treatment pursuant to this subdivision shall be subject to the following procedures: (A) The recommendation described in paragraph (1) shall include a recommendation as to whether an order for the involuntary administration of antipsychotic medications should be extended or issued. The court shall review the recommendation in accordance with the procedure outlined in paragraph (3) of subdivision (b) of Section 1370, and determine if the grounds for authorization apply. If an order authorizing the involuntary administration of antipsychotic medication already exists, the court may continue the order for no more than one year or may vacate the order. If an order does not exist, the court may issue an order for no more than one year. The court shall provide copies of the reports of the treating psychiatrist or psychiatrists and the defendant’s patients’ rights advocate or attorney, as applicable, to both the prosecutor and defense counsel. (B) If an order for the involuntary administration of antipsychotic medication is not authorized by the court pursuant to subparagraph (A), the defendant’s treating psychiatrist, or medical director designee, may pursue an order in the manner outlined in subparagraphs (C) and (D) of paragraph (2) of subdivision (a) of Section 1370. (C) If an order for the involuntary administration of antipsychotic medication is not renewed by the court pursuant to subparagraph (A), the district attorney, county counsel, or representative of any facility where a defendant is placed pursuant to paragraph (1) may petition the committing court for a renewal within 60 days before the expiration of the one-year involuntary medication order. The petition shall include the basis for involuntary medication set forth in clause (i) of subparagraph (B) of paragraph (2) of subdivision (a) of Section 1370. Notice of the petition shall be provided to the defendant, the defendant’s attorney, and the district attorney. The court shall hear and determine whether the defendant continues to meet the criteria set forth in clause (i) of subparagraph (B) of paragraph (2) of subdivision (a) of Section 1370. The court may renew the order for no more than one year. The court may review the petition and renew the order based on the petition. If the court has a hearing on the petition to renew an order for involuntary medication, the hearing shall be conducted prior to the expiration of the current order. The court may, for a period not to exceed 14 days, extend the involuntary medication order and continue the hearing pursuant to stipulation between the parties or upon a finding of good cause. In determining good cause, the court may review the petition filed with the court, and any additional testimony needed by the court, to determine if it is appropriate to continue medication beyond the expiration date and for a period of up to 14 days. (D) Upon the determination by the medical director or designee of the State Department of State Hospitals facility or other treatment facility to which the defendant is confined that the defendant no longer satisfies the criteria for continued treatment under this subdivision, the medical director or designee shall immediately certify that fact to the court by filing a written report containing those findings. The filing of the report shall automatically trigger the return of the defendant to county custody in the manner described in paragraph (3) of subdivision (a). (f) Notwithstanding subdivision (e), if a defendant is returned by the court to a hospital or other facility for the purpose of maintaining competency to stand trial and that defendant is already under civil commitment to that hospital or facility from another county pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or as a developmentally disabled person committed pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, the costs of housing and treating the defendant in that facility following return pursuant to subdivision (e) shall be the responsibility of the original county of civil commitment. (Amended by Stats. 2024, Ch. 40, Sec. 32. (SB 159) Effective June 29, 2024.)
  169. 1373.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    The county where the case was filed or the revocation proceeding was held must pay the cost of sending the defendant to and from the state hospital or other facility.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1373. The expense of sending the defendant to the state hospital or other facility, and of bringing him or her back, are chargeable to the county in which the indictment was found, information was filed, or revocation proceeding was held; but the county may recover the expense from the estate of the defendant, if he or she has any, or from a relative, bound to provide for and maintain him or her. (Amended by Stats. 2014, Ch. 759, Sec. 13. (SB 1412) Effective January 1, 2015.)
  170. 1373.5.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    If a claim for money due under section 1373 is presented to the county, interest must be allowed from the date of rejection when the claim is rejected and recovery is later 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1373.5. In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall be allowed from the date of rejection, if rejected and recovery is finally had thereon. (Added by Stats. 1939, Ch. 441.)
  171. 13730.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 4. Data Collection [13730 - 13732] ( Chapter 4 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    Law enforcement agencies must create domestic violence call-recording and incident-report systems, keep written reports for domestic violence incidents, and submit monthly call totals to the Attorney General.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 4. Data Collection [13730 - 13732] ( Chapter 4 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13730. (a) Each law enforcement agency shall develop a system, by January 1, 1986, for recording all domestic violence-related calls for assistance that are made to the department, including whether weapons are involved and whether the incident involved strangulation or suffocation. All domestic violence-related calls for assistance shall be supported with a written incident report, as described in subdivision (c), identifying the domestic violence incident. Monthly, the total number of domestic violence calls received and the numbers of those cases involving weapons or strangulation or suffocation shall be compiled by each law enforcement agency and submitted to the Attorney General. (b) The Attorney General shall report annually to the Governor, the Legislature, and the public the total number of domestic violence-related calls that are received by California law enforcement agencies, the number of cases involving weapons, the number of cases involving strangulation or suffocation, and a breakdown of calls received by agency, city, and county. (c) Each law enforcement agency shall develop an incident report form that includes a domestic violence identification code by January 1, 1986. In all incidents of domestic violence, a report shall be written and shall be identified on the face of the report as a domestic violence incident. The report shall include at least all of the following: (1) A notation of whether the officer or officers who responded to the domestic violence call observed signs that the alleged abuser was under the influence of alcohol or a controlled substance. (2) A notation of whether the officer or officers who responded to the domestic violence call determined if a law enforcement agency had previously responded to a domestic violence call at the same address involving the same alleged abuser or victim. (3) A notation of whether the officer or officers who responded to the domestic violence call found it necessary, for the protection of the peace officer or other persons present, to inquire of the victim, the alleged abuser, or both, whether a firearm or other deadly weapon was present at the location, and, if there is an inquiry, whether that inquiry disclosed the presence of a firearm or other deadly weapon. A firearm or other deadly weapon discovered by an officer at the scene of a domestic violence incident shall be subject to confiscation pursuant to Division 4 (commencing with Section 18250) of Title 2 of Part 6. (4) A notation of whether there were indications that the incident involved strangulation or suffocation. This includes whether a witness or victim reported an incident of strangulation or suffocation, whether a victim reported symptoms of strangulation or suffocation, or whether the officer observed signs of strangulation or suffocation. (5) A notation of whether the officer or officers who responded to the domestic violence call removed a firearm or other deadly weapon from the location of the domestic violence call. (Amended by Stats. 2024, Ch. 536, Sec. 1. (AB 2822) Effective January 1, 2025.)
  172. 13731.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 4. Data Collection [13730 - 13732] ( Chapter 4 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    The San Diego Association of Governments may act as a regional clearinghouse for domestic-violence criminal justice data, and—if funds are appropriated—must create and manage a standardized shelter intake form, collect and analyze the data, protect individual identity information, and run an advisory committee.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 4. Data Collection [13730 - 13732] ( Chapter 4 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13731. (a) The San Diego Association of Governments may serve as the regional clearinghouse for criminal justice data involving domestic violence. The association may obtain monthly crime statistics from all law enforcement agencies in San Diego County. These law enforcement agencies may include their domestic violence supplements in the monthly crime reports that are supplied to the association. The association may obtain client-based data regarding clients or victims of domestic violence who seek protection in San Diego County shelters. (b) Contingent upon the appropriation of funds therefor, the association shall do all of the following: (1) Create a standardized, uniform intake form, to be referred to as a Compilation of Research and Evaluation Intake Instrument, also known as C.O.R.E., for use in San Diego County’s domestic violence shelters. This form shall be completed and ready to use in the field for data collection purposes not later than March 31, 1997. The C.O.R.E. intake form shall be standardized to compile the same information from all clients for all shelters. (2) Collect and analyze the standardized, uniform intake form in order to compile information including, but not limited to, victim sociodemographic characteristics, descriptions of domestic violence incidents pertaining to each victim and services needed by domestic violence shelter clients within San Diego County. (3) Use the collected client-based data to describe the nature and scope of violence from the perspective of domestic violence shelter clients and to determine the service needs of clients and what gaps in service delivery exist, so that resources can be appropriately targeted and allocated. All data supplied to the association shall be stripped of any information regarding the personal identity of an individual to protect the privacy of domestic violence shelter clients. (4) Establish an advisory committee in order to facilitate the research effort and to assess the value of the research project. The advisory committee shall consist of representation from the shelters, as well as members of the San Diego County Domestic Violence Council, local justice administrators, and the principal investigator. The advisory committee shall meet at least four times before April 30, 1999, to review the progress of the research, including research methodology, data collection instruments, preliminary analyses, and work product as they are drafted. Advisory committee members shall evaluate the final research product in terms of applicability and utility of findings and recommendations. (Amended by Stats. 2001, Ch. 745, Sec. 163. Effective October 12, 2001.)
  173. 13732.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 4. Data Collection [13730 - 13732] ( Chapter 4 added by Stats. 1984, Ch. 1609, Sec. 3. )

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    Several agencies and organizations must work together to develop domestic-violence response protocols for cases involving a child, starting January 1, 2003.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE [13700 - 13732] ( Title 5 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## CHAPTER 4. Data Collection [13730 - 13732] ( Chapter 4 added by Stats. 1984, Ch. 1609, Sec. 3. ) ## 13732. (a) The Legislature finds and declares that a substantial body of research demonstrates a strong connection between domestic violence and child abuse. However, despite this connection, child abuse and domestic violence services and agencies often fail to coordinate appropriately at the local level. It is the intent of the Legislature in enacting this section to improve preventative and supportive services to families experiencing violence in order to prevent further abuse of children and the victims of domestic violence. It is the further intent of this section that child protective services agencies develop a protocol which clearly sets forth the criteria for a child protective services response to a domestic violence related incident in a home in which a child resides. (b) Commencing January 1, 2003, child protective services agencies, law enforcement, prosecution, child abuse and domestic violence experts, and community-based organizations serving abused children and victims of domestic violence shall develop, in collaboration with one another, protocols as to how law enforcement and child welfare agencies will cooperate in their response to incidents of domestic violence in homes in which a child resides. The requirements of this section shall not apply to counties where protocols consistent with this section already have been developed. (Added by Stats. 2002, Ch. 187, Sec. 3. Effective January 1, 2003.)
  174. 1374.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    If an incompetent defendant is on outpatient status and staff think competence has been regained, the supervisor must tell the community program director; if the director agrees, the director must certify that opinion to the committing court, and the court must set the case for further proceedings under Section 1372.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1374. When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient treatment staff is of the opinion that the defendant has recovered competence, the supervisor shall communicate such opinion to the community program director. If the community program director concurs, that opinion shall be certified by such director to the committing court. The court shall calendar the case for further proceeding pursuant to Section 1372. (Amended by Stats. 1985, Ch. 1232, Sec. 9. Effective September 30, 1985.)
  175. 1375.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    The county must process and pay state claims for amounts due because of Section 1373, following the referenced Government Code procedures.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1375. Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed and paid by the county pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. (Amended by Stats. 1965, Ch. 263.)
  176. 1375.5.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    People covered by this chapter get credit for time spent in county jail or a treatment facility toward the related sentence, if they are otherwise eligible.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1375.5. (a) Time spent by a person in a treatment facility or county jail as a result of proceedings under this chapter shall be credited against the sentence, if any, imposed in the underlying criminal case or revocation matter giving rise to the competency proceedings. (b) As used in this section, “time spent in a treatment facility” includes days a person is treated as an outpatient pursuant to Title 15 (commencing with Section 1600) of Part 2. (c) A person subject to this chapter shall receive credits pursuant to Section 4019 for all time during which he or she is confined in a county jail and for which he or she is otherwise eligible. (Amended by Stats. 2018, Ch. 1008, Sec. 4. (SB 1187) Effective January 1, 2019.)
  177. 13750.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 1. Family Justice Centers [13750 - 13751] ( Chapter 1 heading added by Stats. 2018, Ch. 802, Sec. 2. )

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    A city, county, city and county, or community nonprofit may create a family justice center, and centers that operate must follow consent, privacy, and victim-service rules.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 1. Family Justice Centers [13750 - 13751] ( Chapter 1 heading added by Stats. 2018, Ch. 802, Sec. 2. ) ## 13750. (a) A city, county, city and county, or community-based nonprofit organization may each establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking. (b) For purposes of this title, the following terms have the following meanings: (1) “Abuse” has the same meaning as set forth in Section 6203 of the Family Code. (2) “Domestic violence” has the same meaning as set forth in Section 6211 of the Family Code. (3) “Sexual assault” means an act or attempt made punishable by Section 220, 261, 261.5, 264.1, 266c, 269, 285, 286, 287, 288, 288.5, 289, or 647.6, or former Section 262 or 288a. (4) “Elder or dependent adult abuse” means an act made punishable by Section 368. (5) “Human trafficking” has the same meaning as set forth in Section 236.1. (c) For purposes of this title, family justice centers shall be defined as multiagency, multidisciplinary service centers where public and private agencies assign staff members on a full-time or part-time basis in order to provide services to victims of domestic violence, sexual assault, elder or dependent adult abuse, or human trafficking from one location in order to reduce the number of times victims must tell their story, reduce the number of places victims must go for help, and increase access to services and support for victims and their children. Staff members at a family justice center may be comprised of, but are not limited to, the following: (1) Law enforcement personnel. (2) Medical personnel. (3) District attorneys and city attorneys. (4) Victim-witness program personnel. (5) Domestic violence shelter service staff. (6) Community-based rape crisis, domestic violence, and human trafficking advocates. (7) Social service agency staff members. (8) Child welfare agency social workers. (9) County health department staff. (10) City or county welfare and public assistance workers. (11) Nonprofit agency counseling professionals. (12) Civil legal service providers. (13) Supervised volunteers from partner agencies. (14) Other professionals providing services. (d) This section does not abrogate existing laws regarding privacy or information sharing. Family justice center staff members shall comply with the laws governing their respective professions. (e) Victims of crime shall not be denied services on the grounds of criminal history. A criminal history search shall not be conducted of a victim at a family justice center without the victim’s written consent unless the criminal history search is pursuant to a criminal investigation. (f) Victims of crime shall not be required to participate in the criminal justice system or cooperate with law enforcement in order to receive counseling, medical care, or other services at a family justice center. (g) (1) Each family justice center shall consult with community-based domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking agencies in partnership with survivors of violence and abuse and their advocates in the operations process of the family justice center, and shall establish procedures for the ongoing input, feedback, and evaluation of the family justice center by survivors of violence and abuse and community-based crime victim service providers and advocates. (2) Each family justice center shall develop policies and procedures, in collaboration with local community-based crime victim service providers and local survivors of violence and abuse, to ensure coordinated services are provided to victims and to enhance the safety of victims and professionals at the family justice center who participate in affiliated survivor-centered support or advocacy groups. Each family justice center shall maintain a formal client feedback, complaint, and input process to address client concerns about services provided or the conduct of any family justice center professionals, agency partners, or volunteers providing services in the family justice center. (3) Each family justice center shall provide clients with educational materials relating to gun violence restraining orders, domestic violence restraining orders, and other legal avenues of protection for victims and their families, if appropriate. (h) (1) Each family justice center shall maintain a client consent policy and shall be in compliance with all state and federal laws protecting the confidentiality of the types of information and documents that may be in a victim’s file, including, but not limited to, medical, legal, and victim counselor records. Each family justice center shall have a designated privacy officer to develop and oversee privacy policies and procedures consistent with state and federal privacy laws and the Fair Information Practice Principles promulgated by the United States Department of Homeland Security. At no time shall a victim be required to sign a client consent form to share information in order to access services. (2) Each family justice center is required to obtain informed, written, reasonably time limited, consent from the victim before sharing information obtained from the victim with any staff member or agency partner, except as provided in paragraphs (3) and (4). (3) A family justice center is not required to obtain consent from the victim before sharing information obtained from the victim with any staff member or agency partner if the person is a mandated reporter, a peace officer, or a member of the prosecution team and is required to report or disclose specific information or incidents. These persons shall inform the victim that they may share information obtained from the victim without the victim’s consent. (4) Each family justice center is required to inform the victim that information shared with staff members or partner agencies at a family justice center may be shared with law enforcement professionals without the victim’s consent if there is a mandatory duty to report, or the client is a danger to themselves or others. Each family justice center shall obtain written acknowledgment that the victim has been informed of this policy. (5) Consent by a victim for sharing information within a family justice center pursuant to this section shall not be construed as a universal waiver of any existing evidentiary privilege that makes confidential any communications or documents between the victim and any service provider, including, but not limited to, any lawyer, advocate, sexual assault or domestic violence counselor as defined in Section 1035.2 or 1037.1 of the Evidence Code, human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, therapist, doctor, or nurse. Any oral or written communication or any document authorized by the victim to be shared for the purposes of enhancing safety and providing more effective and efficient services to the victim of domestic violence, sexual assault, elder or dependent adult abuse, or human trafficking shall not be disclosed to any third party, unless that third-party disclosure is authorized by the victim, or required by other state or federal law or by court order. (i) An individual staff member, volunteer, or agency that has victim information governed by this section shall not be required to disclose that information unless the victim has consented to the disclosure or it is otherwise required by other state or federal law or by court order. (j) A disclosure of information consented to by the victim in a family justice center, made for the purposes of clinical assessment, risk assessment, safety planning, or service delivery, shall not be deemed a waiver of any privilege or confidentiality provision contained in Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, or the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code. (Amended by Stats. 2022, Ch. 20, Sec. 1. (AB 2137) Effective January 1, 2023.)
  178. 13751.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 1. Family Justice Centers [13750 - 13751] ( Chapter 1 heading added by Stats. 2018, Ch. 802, Sec. 2. )

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    Family justice centers covered by this section must keep a formal training program and provide mandatory annual training for staff, volunteers, and agency professionals.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 1. Family Justice Centers [13750 - 13751] ( Chapter 1 heading added by Stats. 2018, Ch. 802, Sec. 2. ) ## 13751. Each family justice center established pursuant to subdivision (a) of Section 13750 shall maintain a formal training program with mandatory training for all staff members, volunteers, and agency professionals of not less than eight hours per year on subjects, including, but not limited to, privileges and confidentiality, information sharing, risk assessment, safety planning, victim advocacy, and high-risk case response. (Added by Stats. 2014, Ch. 85, Sec. 1. (AB 1623) Effective January 1, 2015.)
  179. 13752.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 2. Multidisciplinary Teams [13752 - 13753] ( Chapter 2 added by Stats. 2018, Ch. 802, Sec. 3. )

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    This section lets certain local or nonprofit entities create domestic violence multidisciplinary teams and sets rules for sharing information within those teams.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 2. Multidisciplinary Teams [13752 - 13753] ( Chapter 2 added by Stats. 2018, Ch. 802, Sec. 3. ) ## 13752. (a) Notwithstanding any other law, a city, county, city and county, or community-based nonprofit organization may establish a domestic violence multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of domestic violence cases and who are qualified to provide a broad range of services related to domestic violence. (b) A domestic violence multidisciplinary team may include, but need not be limited to, any of the following: (1) Law enforcement personnel. (2) Medical personnel. (3) Psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel. (4) District attorneys and city attorneys. (5) Victim-witness program personnel. (6) Sexual assault counselors, as defined in Section 1035.2 of the Evidence Code. (7) Domestic violence counselors, as defined in Section 1037.1 of the Evidence Code. (8) Social service agency staff members. (9) Child welfare agency social workers. (10) County health department staff. (11) City or county welfare and public assistance workers. (12) Nonprofit agency counseling professionals. (13) Civil legal service providers. (14) Human trafficking caseworkers, as defined in Section 1038.2 of the Evidence Code. (c) (1) Notwithstanding any other law, following a report of suspected domestic violence, members of a domestic violence multidisciplinary personnel team engaged in the prevention, identification, and treatment of domestic violence may disclose to and exchange with one another information and writings that relate to any incident of domestic violence that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of domestic violence. Any discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential, and testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding unless required by law. (2) Disclosure and exchange of information pursuant to this section may occur telephonically or electronically if there is adequate verification of the identity of the domestic violence multidisciplinary personnel who are involved in that disclosure or exchange of information. (3) Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the domestic violence multidisciplinary personnel team and those qualified to receive information as set forth in subdivision (d). (d) The domestic violence multidisciplinary personnel team may designate persons qualified pursuant to subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (g). (e) (1) The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the domestic violence multidisciplinary team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the domestic violence multidisciplinary team. (2) Members of the team that have confidential information obtained from an individual shall not disclose that information to and with one another unless the member has obtained that individual’s informed, written, reasonably time-limited consent to the disclosure, in accordance with all applicable state and federal confidentiality laws, or it is otherwise required by other state or federal law or by court order. Before that consent is obtained, a member of the team is required to inform the individual that the information may be shared with law enforcement professionals or other entities without that individual’s consent if required by law. (3) A disclosure of information consented to by an individual shall not be deemed a waiver of any privilege or confidentiality provision, including those contained in Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code and in Chapter 4 of Division 8 of the Evidence Code. (f) Every member of the domestic violence multidisciplinary personnel team who receives information or records regarding children or families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (g) This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law. (h) Information and records communicated or provided to the team members by providers and agencies, as well as information and records created in the course of a domestic violence investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by applicable statutory and common law protections, except where disclosure is required by law. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members. (Added by Stats. 2018, Ch. 802, Sec. 3. (AB 998) Effective January 1, 2019.)
  180. 13753.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 2. Multidisciplinary Teams [13752 - 13753] ( Chapter 2 added by Stats. 2018, Ch. 802, Sec. 3. )

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    Cities, counties, city and counties, and community-based nonprofits may create human trafficking multidisciplinary teams, and team members may share relevant information only under the section’s confidentiality and consent limits.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.3. Family Justice Centers and Multidisciplinary Teams [13750 - 13753] ( Heading of Title 5.3 amended by Stats. 2018, Ch. 802, Sec. 1. ) ## CHAPTER 2. Multidisciplinary Teams [13752 - 13753] ( Chapter 2 added by Stats. 2018, Ch. 802, Sec. 3. ) ## 13753. (a) Notwithstanding any other law, a city, county, city and county, or community-based nonprofit organization may establish a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of human trafficking cases and who are qualified to provide a broad range of services related to human trafficking. (b) A human trafficking multidisciplinary team may include, but need not be limited to, any of the following: (1) Law enforcement personnel. (2) Medical personnel. (3) Psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel. (4) District attorneys and city attorneys. (5) Victim-witness program personnel. (6) Sexual assault counselors, as defined in Section 1035.2 of the Evidence Code. (7) Domestic violence counselors, as defined in Section 1037.1 of the Evidence Code. (8) Social service agency staff members. (9) Child welfare agency social workers. (10) County health department staff. (11) City or county welfare and public assistance workers. (12) Nonprofit agency counseling professionals. (13) Civil legal service providers. (14) Human trafficking caseworkers, as defined in Section 1038.2 of the Evidence Code. (c) (1) Notwithstanding any other law, following a report of suspected human trafficking, members of a human trafficking multidisciplinary personnel team engaged in the prevention, identification, and treatment of human trafficking may disclose to and exchange with one another information and writings that relate to any incident of human trafficking that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of human trafficking. Any discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential, and testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding unless required by law. (2) Disclosure and exchange of information pursuant to this section may occur telephonically or electronically if there is adequate verification of the identity of the human trafficking multidisciplinary personnel who are involved in that disclosure or exchange of information. (3) Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the human trafficking multidisciplinary personnel team and those qualified to receive information as set forth in subdivision (d). (d) The human trafficking multidisciplinary personnel team may designate persons qualified pursuant to subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (g). (e) (1) The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the human trafficking multidisciplinary team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the human trafficking multidisciplinary team. (2) Members of the team that have confidential information obtained from an individual shall not disclose that information to and with one another unless the member has obtained that individual’s informed, written, reasonably time-limited consent to the disclosure, in accordance with all applicable state and federal confidentiality laws, or it is otherwise required by other state or federal law or by court order. Before such consent is obtained, a member of the team is required to inform the individual that the information may be shared with law enforcement professionals or other entities without that individual’s consent if required by law. (3) A disclosure of information consented to by an individual shall not be deemed a waiver of any privilege or confidentiality provision, including those contained in Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code and in Chapter 4 of Division 8 of the Evidence Code. (f) Every member of the human trafficking multidisciplinary personnel team who receives information or records regarding children or families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (g) This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law. (h) Information and records communicated or provided to the team members by providers and agencies, as well as information and records created in the course of a domestic violence investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by applicable statutory and common law protections, except where disclosure is required by law. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members. (Added by Stats. 2018, Ch. 802, Sec. 3. (AB 998) Effective January 1, 2019.)
  181. 1376.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. )

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    A person with an intellectual disability cannot receive the death penalty, and the section sets out how a court or jury must decide that issue.

    ## 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 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367 - 1376] ( Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5. ) ## 1376. (a) As used in this section, the following definitions shall apply: (1) “Intellectual disability” means the condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before the end of the developmental period, as defined by clinical standards. (2) “Manifested before the end of the developmental period” means that the deficits were present during the developmental period. It does not require a formal diagnosis of intellectual disability, or tests of intellectual functioning in the intellectual disability range, before the end of the developmental period. (3) “Prima facie showing of intellectual disability” means that the defendant’s allegation of intellectual disability is based on the type of evidence typically relied on by a qualified expert in diagnosing intellectual disability, as defined in current clinical standards, or when a qualified expert provides a declaration diagnosing the defendant as a person with intellectual disability. (4) “The prosecution” refers to the prosecuting agency at trial and to the respondent in a habeas corpus proceeding. (b) A person with an intellectual disability is ineligible for the death penalty. (c) (1) When the prosecution seeks the death penalty, the defendant may, at a reasonable time prior to the commencement of trial, apply for an order directing that a hearing to determine intellectual disability be conducted. Upon a prima facie showing that the defendant is a person with an intellectual disability, the court shall order a hearing to determine whether the defendant is a person with an intellectual disability. At the request of the defendant, the court shall conduct the hearing without a jury prior to the commencement of the trial. The defendant’s request for a court hearing prior to trial shall constitute a waiver of a jury hearing on the issue of intellectual disability. If the defendant does not request a court hearing, the court shall order a jury hearing to determine if the defendant is a person with an intellectual disability. The jury hearing on intellectual disability shall occur at the conclusion of the phase of the trial in which the jury has found the defendant guilty with a finding that one or more of the special circumstances enumerated in Section 190.2 are true. Except as provided in paragraph (3), the same jury shall make a finding that the defendant is a person with an intellectual disability or that the defendant does not have an intellectual disability. (2) For the purposes of the procedures set forth in this section, the court or jury shall decide only the question of the defendant’s intellectual disability. The defendant shall present evidence in support of the claim that they are a person with an intellectual disability. The prosecution shall present its case regarding the issue of whether the defendant is a person with an intellectual disability. Each party may offer rebuttal evidence. The court, for good cause in furtherance of justice, may permit either party to reopen its case to present evidence in support of or opposition to the claim of intellectual disability. A statement made by the defendant during an examination ordered by the court shall not be admissible in the trial on the defendant’s guilt. (3) At the close of evidence, the prosecution shall make its final argument, and the defendant shall conclude with their final argument. The burden of proof shall be on the defense to prove by a preponderance of the evidence that the defendant is a person with an intellectual disability. The jury shall return a verdict that either the defendant is a person with an intellectual disability or the defendant does not have an intellectual disability. The verdict of the jury shall be unanimous. When the jury is unable to reach a unanimous verdict that the defendant is a person with an intellectual disability, and does not reach a unanimous verdict that the defendant does not have an intellectual disability, the court shall dismiss the jury and enter a finding that the defendant is ineligible for the death penalty pursuant to this section. (d) When the hearing is conducted before the court prior to the commencement of the trial, the following shall apply: (1) If the court finds that the defendant is a person with an intellectual disability, the court shall preclude the death penalty and the criminal trial thereafter shall proceed as in any other case in which a sentence of death is not sought by the prosecution. If the defendant is found guilty of murder in the first degree, with a finding that one or more of the special circumstances enumerated in Section 190.2 are true, the court shall sentence the defendant to confinement in the state prison for life without the possibility of parole. The jury shall not be informed of the prior proceedings or the findings concerning the defendant’s claim of intellectual disability unless the defendant elects to present that information at trial. (2) If the court finds that the defendant does not have an intellectual disability, the trial court shall proceed as in any other case in which a sentence of death is sought by the prosecution. The jury shall not be informed of the prior proceedings or the findings concerning the defendant’s claim of intellectual disability. (e) When the hearing is conducted before the jury after the defendant is found guilty with a finding that one or more of the special circumstances enumerated in Section 190.2 are true, the following shall apply: (1) If the jury finds that the defendant is a person with an intellectual disability, the court shall preclude the death penalty and shall sentence the defendant to confinement in the state prison for life without the possibility of parole. (2) If the jury finds that the defendant does not have an intellectual disability, the trial shall proceed as in any other case in which a sentence of death is sought by the prosecution. (f) When the defendant has not requested a court hearing as provided in subdivision (c), and has entered a plea of not guilty by reason of insanity under Sections 190.4 and 1026, the hearing on intellectual disability shall occur at the conclusion of the sanity trial if the defendant is found sane. (g) A person in custody pursuant to a judgment of death may apply for an order directing that a hearing to determine intellectual disability be conducted as part of a petition for a writ of habeas corpus. When the claim of intellectual disability is raised in a petition for habeas corpus and a petitioner makes a prima facie showing of intellectual disability, the reviewing court shall issue an order to show cause if the petitioner has met the prima facie standard. The petitioner bears the burden of proving by a preponderance of the evidence that the petitioner is a person with an intellectual disability. The prosecution may present its case regarding the issue of whether the petitioner is a person with an intellectual disability. Each party may offer rebuttal evidence. During an evidentiary hearing under this subdivision, an expert may testify about the contents of out-of-court statements, including documentary evidence and statements from witnesses when those types of statements are accepted by the medical community as relevant to a diagnosis of intellectual disability if the expert relied upon these statements as the basis for their opinion. (h) The results of a test measuring intellectual functioning shall not be changed or adjusted based on race, ethnicity, national origin, or socioeconomic status. (i) (1) When a court has concluded a hearing under this section is necessary, that court may order a defendant or petitioner to submit to testing by a qualified prosecution expert only if the prosecution presents a reasonable factual basis that the intellectual functioning testing presented by the defendant or petitioner is unreliable. Any order requiring the defendant or petitioner to submit to testing by a qualified prosecution expert shall be limited to tests directly related to the determination of the defendant or petitioner’s intellectual functioning. Any such order shall also prohibit the expert from questioning the defendant or petitioner about the facts of the case, shall permit the defendant or petitioner to have their attorney nearby during the examination and to consult with their attorney during the examination if they choose, and shall, upon request by the defendant or petitioner’s counsel, require that the prosecution expert’s examination be recorded in a manner agreed upon by the parties and the court. (2) The prosecution shall submit a proposed list of the tests its expert wishes to administer so that the defendant or petitioner may raise any objections before testing is ordered. The Legislature finds and declares that this paragraph is declaratory of existing law. (j) Intellectual disability is a question of fact. The parties to a trial or habeas proceeding may stipulate that a defendant or petitioner is a person with intellectual disability as defined in clinical standards and in this section. After a prima facie showing of intellectual disability has been made, whenever the prosecution stipulates or concedes that the defendant or petitioner has an intellectual disability, the court shall accept the stipulation or concession unless it finds that the stipulation or concession is not supported by documentary evidence that provides a factual basis for concluding by a preponderance of the evidence that the person has an intellectual disability. If the court declines to accept a stipulation, it must state its factual and legal rationale for doing so on the record, and it may not rely upon facts or factors that are unrelated or irrelevant to the factual question of whether the defendant or petitioner has an intellectual disability. (Amended by Stats. 2024, Ch. 908, Sec. 2. (SB 1001) Effective January 1, 2025.)
  182. 1377.

    ## 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 7. Compromising Certain Public Offenses by Leave of the Court [1377 - 1379] ( Chapter 7 enacted 1872. )

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    A misdemeanor offense may be compromised if the injured person has a civil remedy, unless one of the listed exceptions 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 7. Compromising Certain Public Offenses by Leave of the Court [1377 - 1379] ( Chapter 7 enacted 1872. ) ## 1377. When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows: (a) By or upon an officer of justice, while in the execution of the duties of his or her office. (b) Riotously. (c) With an intent to commit a felony. (d) In violation of any court order as described in Section 273.6 or 273.65. (e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code. (f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code. (g) Upon a child, as described in Section 647.6 or 11165.6. (Amended by Stats. 1997, Ch. 243, Sec. 1. Effective January 1, 1998.)
  183. 13775.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    This title is named the Reproductive Rights Law Enforcement Act and may be cited by that name.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13775. This title shall be known and may be cited as the Reproductive Rights Law Enforcement Act. (Added by Stats. 2001, Ch. 899, Sec. 3. Effective January 1, 2002.)
  184. 13776.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    This section defines key terms used in the title, including “anti-reproductive-rights crime,” “subject matter experts,” and several reproductive health services terms that take their meaning from another section.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13776. The following definitions apply for the purposes of this title: (a) “Anti-reproductive-rights crime” means a crime committed partly or wholly because the victim is a reproductive health services patient, provider, or assistant, or a crime that is partly or wholly intended to intimidate the victim, any other person or entity, or a class of persons or entities from becoming or remaining a reproductive health services patient, provider, or assistant. “Anti-reproductive-rights crime” includes, but is not limited to, a violation of subdivision (a), (c), (g), or (h) of Section 423.2. (b) “Subject matter experts” includes, but is not limited to, the Commission on the Status of Women and Girls, law enforcement agencies experienced with anti-reproductive-rights crimes, including the Attorney General and the Department of Justice, and organizations such as the American Civil Liberties Union, the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, the California Council of Churches, the California Medical Association, the Feminist Majority Foundation, NARAL Pro-Choice California, the National Abortion Federation, the California National Organization for Women, the Planned Parenthood Federation of America, Planned Parenthood Affiliates of California, and the Women’s Health Specialists clinic that represent reproductive health services clients, providers, and assistants. (c) “Crime of violence,” “nonviolent,” “reproductive health services,” “reproductive health services patient, provider, or assistant,” and “reproductive health services facility” each has the same meaning as set forth in Section 423.1. (Amended by Stats. 2021, Ch. 191, Sec. 8. (AB 1356) Effective January 1, 2022.)
  185. 13777.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    The Attorney General must collect and report information about anti-reproductive-rights crimes, direct monthly DOJ reporting by specified local agencies, develop a prevention and enforcement plan, and consult specified officials and experts.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13777. (a) The Attorney General shall do each of the following: (1) Collect information relating to anti-reproductive-rights crimes, including, but not limited to, the threatened commission of these crimes and persons suspected of committing these crimes or making these threats. (2) Direct local law enforcement agencies, district attorneys, and elected city attorneys to provide to the Department of Justice, in a manner that the Attorney General prescribes, all of the following on a monthly basis: (A) The total number of anti-reproductive-rights crime-related calls for assistance made to the department: (B) The total number of arrests for anti-reproductive-rights crimes, reported by which subdivision of Section 423.2 is the basis for the arrest. The report of each crime that violates any other law shall note the code, section, and subdivision that prohibits the crime. The report of any crime that violates both Section 423.2 and any other law shall note both the subdivision of Section 423.2 and the other code, section, and subdivision that prohibits the crime. (C) The total number of cases in which the district attorney charged an individual with a crime that violates Section 423.2, including the subdivision that prohibits the crime. (3) Beginning July 1, 2025, report to the Legislature on an annual basis the information collected pursuant to paragraph (2). To avoid production and distribution costs, the Attorney General may submit the reports electronically or as part of any other report that the Attorney General submits. (4) Develop a plan to prevent, apprehend, prosecute, and report anti-reproductive-rights crimes, and to carry out the legislative intent expressed in subdivisions (c), (d), (e), and (f) of Section 1 of the act that enacts this title in the 2001–02 Regular Session of the Legislature. (b) In carrying out their responsibilities under this section, the Attorney General shall consult the Governor, the Commission on Peace Officer Standards and Training, and other subject matter experts. (Amended by Stats. 2023, Ch. 47, Sec. 23. (AB 134) Effective July 10, 2023.)
  186. 13777.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    The Commission on the Status of Women and Girls must convene an advisory committee, which must elect its officers and prepare two reports by set deadlines. The reports must be sent to specified legislative committees and agencies, and the commission may publish them publicly. The peace officer training commission must provide an updated telecourse, but must remove names and faces of covered persons before public release.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13777.2. (a) The Commission on the Status of Women and Girls shall convene an advisory committee consisting of one person appointed by the Attorney General and one person appointed by each of the organizations named in subdivision (b) of Section 13776 that chooses to appoint a member, and any other subject matter experts the commission appoints. The advisory committee shall elect its chair and any other officers of its choice. (b) The advisory committee shall make two reports, the first by December 31, 2025, and the second by December 31, 2029, to the Committees on Health, Judiciary, and Public Safety of the Senate and Assembly, to the Attorney General, the Commission on Peace Officer Standards and Training, and the Commission on the Status of Women and Girls. The reports shall evaluate the implementation of Chapter 899 of the Statutes of 2001 and any subsequent amendments made to this title and the effectiveness of the plan developed by the Attorney General pursuant to paragraph (4) of subdivision (a) of Section 13777. The reports shall also include recommendations regarding any other legislation, and recommendations for any other actions by the Attorney General, Commission on Peace Officer Standards and Training, or the Commission on the Status of Women and Girls. (c) The Commission on the Status of Women and Girls shall transmit the reports of the advisory committee to the appropriate committees of the Legislature, including, but not limited to, the Committees on Health, Judiciary, and Public Safety in the Senate and Assembly, and make the reports available to the public, including by posting them on the Commission on the Status of Women and Girls’ internet website. To avoid production and distribution costs, the Commission on the Status of Women and Girls may submit the reports electronically or as part of any other report that the Commission on the Status of Women and Girls submits to the Legislature. (d) The Commission on Peace Officer Standards and Training shall make the most updated version of the telecourse that it produced in 2002 pursuant to subdivision (a) of Section 13778 available to the advisory committee. However, before providing the updated telecourse to the advisory committee or otherwise making it public, the commission shall remove the name and face of any person who appears in the telecourse as originally produced who informs the commission in writing that the person has a reasonable apprehension that making the telecourse public without the removal will endanger the person’s life or physical safety. (e) This section does not require a state agency to pay for compensation, travel, or other expenses of any advisory committee member. (Amended by Stats. 2021, Ch. 191, Sec. 10. (AB 1356) Effective January 1, 2022.)
  187. 13778.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    The Commission on Peace Officer Standards and Training must develop and keep updating an interactive training course on anti-reproductive-rights crimes, make it available online to California law enforcement agencies, consult specified experts, and distribute training bulletins when necessary.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13778. (a) The Commission on Peace Officer Standards and Training, utilizing available resources, shall develop and, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, update every seven years, or on a more frequent basis if deemed necessary by either the Commission on the Status of Women and Girls or the Attorney General, an interactive training course on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement agencies through an online portal or platform. (b) Persons and organizations, including, but not limited to, subject-matter experts, may make application to the commission, as outlined in Article 3 (commencing with Section 1051) of Division 2 of Title 11 of the California Code of Regulations, for certification of a course designed to train law enforcement officers to carry out the legislative intent expressed in paragraph (1) of subdivision (d) of Section 1 of the act that enacts this title in the 2001–02 Regular Session. (c) In developing the telecourse required by subdivision (a), and in considering any applications pursuant to subdivision (b), the commission, utilizing available resources, shall consult the Attorney General and other subject matter experts, except where a subject matter expert has submitted, or has an interest in, an application pursuant to subdivision (b). (d) In addition to producing and making available the telecourse described in subdivision (a), the commission shall distribute, as necessary, training bulletins, via the internet, to law enforcement agencies participating in training offered pursuant to this section. (Amended by Stats. 2021, Ch. 191, Sec. 11. (AB 1356) Effective January 1, 2022.)
  188. 13778.1.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    Every law enforcement agency in this state must develop, adopt, and implement written policies and standards for officers’ responses to anti-reproductive-rights calls 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 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13778.1. Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers’ responses to anti-reproductive-rights calls by January 1, 2023. (Added by Stats. 2021, Ch. 191, Sec. 12. (AB 1356) Effective January 1, 2022.)
  189. 13778.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    This section bars certain California law enforcement and public agencies from arresting, assisting arrests, sharing information, or issuing subpoenas related to lawful protected health care activity in California.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13778.2. (a) A state or local law enforcement agency or officer shall not knowingly arrest or knowingly participate in the arrest of any person for performing, supporting, or aiding in the performance of a legally protected health care activity, as defined in Section 1549.15, in this state, or 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. (b) A state or local public agency, or any employee thereof acting in their official capacity, shall not cooperate with or provide information to any individual or agency or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency regarding a legally protected health care activity, as defined in Section 1549.15, that is lawful under the laws of this state and that is performed in this state. (c) (1) A law of another state that authorizes the imposition of civil or criminal penalties related to 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, is against the public policy of this state. (2) No state court, judicial officer, or court employee or clerk, or authorized attorney shall issue a subpoena pursuant to any state law 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. (d) This section does not prohibit the investigation of any criminal activity in this state that may involve the performance of a legally protected health care activity, as defined in Section 1549.15, provided that information relating to any medical procedure performed on a specific individual is not shared with an agency or individual from another state for the purpose of enforcing another state’s law involving a legally protected health care activity. (Amended by Stats. 2025, Ch. 679, Sec. 11. (AB 82) Effective January 1, 2026.)
  190. 13778.3.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. )

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    The section restricts state and local government actors from helping out-of-state efforts tied to legally protected health care activity, and limits compliance with certain out-of-state legal process unless an affidavit is included.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT [13775 - 13778.3] ( Title 5.7 added by Stats. 2001, Ch. 899, Sec. 3. ) ## 13778.3. (a) For purposes of this section, the following terms shall have the following meaning: (1) “Gender-affirming health care” and “gender-affirming mental health care” have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code. (2) “Legally protected health care activity” shall have the same meaning as in Section 1549.15. (3) “Reproductive health care services” shall have the same meaning as in Section 1549.15. (4) “California corporation” refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, with the exception of foreign corporations. (b) A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. (c) This section does not prohibit compliance with a valid, court-issued subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request. (d) Any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements: (1) Is based in tort, contract, or on statute. (2) Is actionable, in an equivalent or similar manner, under the laws of this state. (3) Was brought by the patient who received a legally protected health care activity or the patient’s legal representative. (e) A state court, judicial officer, court employee or clerk, or authorized attorney shall not issue a subpoena pursuant to any other state’s law unless it includes the affidavit or declaration defined in subdivision (d). (f) A California corporation that provides electronic communication services or remote computing services to the general public shall not comply with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration defined in subdivision (d). A corporation subject to this subdivision is entitled to rely on the representations made in the affidavit or declaration. (g) (1) The Attorney General may commence a civil action against a person or entity that submits a false affidavit in violation of subdivision (d). Any action brought by the Attorney General pursuant to this section shall be commenced within six years of the date on which the Attorney General received notice of the subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity that the false affidavit accompanied. (2) A person or entity that submits a false affidavit in violation of subdivision (d) shall be punished by a civil penalty of fifteen thousand dollars ($15,000). This shall be in addition to any other penalties or remedies provided by law. (Amended by Stats. 2025, Ch. 679, Sec. 12. (AB 82) Effective January 1, 2026.)
  191. 1378.

    ## 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 7. Compromising Certain Public Offenses by Leave of the Court [1377 - 1379] ( Chapter 7 enacted 1872. )

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    If the injured person appears before the court before trial and says they have been satisfied for the injury, the court may stop the prosecution and discharge the defendant if costs are paid.

    ## 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 7. Compromising Certain Public Offenses by Leave of the Court [1377 - 1379] ( Chapter 7 enacted 1872. ) ## 1378. If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense. (Amended by Stats. 1957, Ch. 102.)
  192. 1379.

    ## 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 7. Compromising Certain Public Offenses by Leave of the Court [1377 - 1379] ( Chapter 7 enacted 1872. )

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    A public offense may not be compromised, and a related prosecution or proceeding may not be stayed, except as this chapter allows.

    ## 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 7. Compromising Certain Public Offenses by Leave of the Court [1377 - 1379] ( Chapter 7 enacted 1872. ) ## 1379. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this Chapter. (Enacted 1872.)
  193. 138.

    ## 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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    This section makes it a felony to bribe, offer to bribe, or try to bribe a witness so they do not attend court or so their testimony is influenced.

    ## 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. ) ## 138. (a) Every person who gives or offers or promises to give to any witness or person about to be called as a witness, any bribe upon any understanding or agreement that the person shall not attend upon any trial or other judicial proceeding, or every person who attempts by means of any offer of a bribe to dissuade any person from attending upon any trial or other judicial proceeding, is guilty of a felony. (b) Every person who is a witness, or is about to be called as such, who receives, or offers to receive, any bribe, upon any understanding that his or her testimony shall be influenced thereby, or that he or she will absent himself or herself from the trial or proceeding upon which his or her testimony is required, is guilty of a felony. (Amended by Stats. 1987, Ch. 828, Sec. 5.)
  194. 13800.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 1. General Provisions and Definitions [13800 - 13801] ( Chapter 1 added by Stats. 1973, Ch. 1047. )

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    This section defines several terms used in Title 6, including “Agency,” “Board,” “Federal acts,” “Local boards,” and “Executive director.”

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 1. General Provisions and Definitions [13800 - 13801] ( Chapter 1 added by Stats. 1973, Ch. 1047. ) ## 13800. Unless otherwise required by context, as used in this title: (a) “Agency” means the Office of Emergency Services. (b) “Board” means the Board of State and Community Corrections. (c) “Federal acts” means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3750 et seq.) and any act or acts amendatory or supplemental thereto. (d) “Local boards” means local criminal justice planning boards. (e) “Executive director” means the Executive Director of the Board of State and Community Corrections. (Amended by Stats. 2024, Ch. 50, Sec. 3. (AB 169) Effective July 2, 2024.)
  195. 13801.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 1. General Provisions and Definitions [13800 - 13801] ( Chapter 1 added by Stats. 1973, Ch. 1047. )

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    The board and local boards may not be treated as authorized to carry out direct operational criminal justice responsibilities.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 1. General Provisions and Definitions [13800 - 13801] ( Chapter 1 added by Stats. 1973, Ch. 1047. ) ## 13801. Nothing in this title shall be construed as authorizing the board, or the local boards to undertake direct operational criminal justice responsibilities. (Amended by Stats. 2011, Ch. 36, Sec. 55.5. (SB 92) Effective June 30, 2011.)
  196. 1381.

    ## 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 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    When a covered defendant or committed person gives written notice, the district attorney must bring the matter to trial or sentencing within 90 days unless a continuance is requested or consented to; otherwise the court must dismiss the action.

    ## 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 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1381. Whenever a defendant has been convicted, in any court of this state, of the commission of a felony or misdemeanor and has been sentenced to and has entered upon a term of imprisonment in a state prison or has been sentenced to and has entered upon a term of imprisonment in a county jail for a period of more than 90 days or has been committed to and placed in a county jail for more than 90 days as a condition of probation or has been committed to and placed in an institution subject to the jurisdiction of the Department of the Youth Authority or whenever any person has been committed to the custody of the Director of Corrections pursuant to Chapter 1 (commencing with Section 3000) of Division 3 of the Welfare and Institutions Code and has entered upon his or her term of commitment, and at the time of the entry upon the term of imprisonment or commitment there is pending, in any court of this state, any other indictment, information, complaint, or any criminal proceeding wherein the defendant remains to be sentenced, the district attorney of the county in which the matters are pending shall bring the defendant to trial or for sentencing within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial or for sentencing unless a continuance beyond the 90 days is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court in which event the 90-day period shall commence to run anew from the date to which the consent or request continued the trial or sentencing. In the event that the defendant is not brought to trial or for sentencing within the 90 days the court in which the charge or sentencing is pending shall, on motion or suggestion of the district attorney, or of the defendant or person confined in the county jail or committed to the custody of the Director of Corrections or his or her counsel, or of the Department of Corrections, or of the Department of the Youth Authority, or on its own motion, dismiss the action. If a charge is filed against a person during the time the person is serving a sentence in any state prison or county jail of this state or while detained by the Director of Corrections pursuant to Chapter 1 (commencing with Section 3000) of Division 3 of the Welfare and Institutions Code or while detained in any institution subject to the jurisdiction of the Department of the Youth Authority it is hereby made mandatory upon the district attorney of the county in which the charge is filed to bring it to trial within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial upon the charge, unless a continuance is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court, in which event the 90-day period shall commence to run anew from the date to which the request or consent continued the trial. In the event the action is not brought to trial within the 90 days the court in which the action is pending shall, on motion or suggestion of the district attorney, or of the defendant or person committed to the custody of the Director of Corrections or to a county jail or his or her counsel, or of the Department of Corrections, or of the Department of the Youth Authority, or on its own motion, dismiss the charge. The sheriff, custodian, or jailer shall endorse upon the written notice of the defendant’s desire to be brought to trial or for sentencing the cause of commitment, the date of commitment, and the date of release. (Amended by Stats. 1987, Ch. 828, Sec. 91.)
  197. 1381.5.

    ## 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 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    When a defendant in a California criminal case is imprisoned in a federal correctional institution and asks to be brought to trial or sentencing, the district attorney must inquire about release and, after federal assent, must act within the stated time limits.

    ## 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 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1381.5. Whenever a defendant has been convicted of a crime and has entered upon a term of imprisonment therefor in a federal correctional institution located in this state, and at the time of entry upon such term of imprisonment or at any time during such term of imprisonment there is pending in any court of this state any criminal indictment, information, complaint, or any criminal proceeding wherein the defendant remains to be sentenced the district attorney of the county in which such matters are pending, upon receiving from such defendant a request that he be brought to trial or for sentencing, shall promptly inquire of the warden or other head of the federal correctional institution in which such defendant is confined whether and when such defendant can be released for trial or for sentencing. If an assent from authorized federal authorities for release of the defendant for trial or sentencing is received by the district attorney he shall bring him to trial or sentencing within 90 days after receipt of such assent, unless the federal authorities specify a date of release after 90 days, in which event the district attorney shall bring the prisoner to trial or sentencing at such specified time, or unless the defendant requests, in open court, and receives, or, in open court, consents to, a continuance, in which event he may be brought to trial or sentencing within 90 days from such request or consent. If a defendant is not brought to trial or for sentencing as provided by this section, the court in which the action is pending shall, on motion or suggestion of the district attorney, or representative of the United States, or the defendant or his counsel, dismiss the action. (Amended by Stats. 1983, Ch. 793, Sec. 1.1.)
  198. 1382.

    ## 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 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. )

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    The court must dismiss a criminal case in specified delay situations unless 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 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] ( Heading of Chapter 8 amended by Stats. 1951, Ch. 1674. ) ## 1382. (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases: (1) When a person has been held to answer for a public offense and an information is not filed against that person within 15 days. (2) In a felony case, when a defendant is not brought to trial within 60 days of the defendant’s arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or, in case the cause is to be tried again following a mistrial, an order granting a new trial from which an appeal is not taken, or an appeal from the superior court, within 60 days after the mistrial has been declared, after entry of the order granting the new trial, or after the filing of the remittitur in the trial court, or after the issuance of a writ or order which, in effect, grants a new trial, within 60 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney, or within 90 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney in any case where the district attorney chooses to resubmit the case for a preliminary examination after an appeal or the issuance of a writ reversing a judgment of conviction upon a plea of guilty prior to a preliminary hearing. However, an action shall not be dismissed under this paragraph if either of the following circumstances exists: (A) The defendant enters a general waiver of the 60-day trial requirement. A general waiver of the 60-day trial requirement entitles the superior court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 60 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply. (B) The defendant requests or consents to the setting of a trial date beyond the 60-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set a trial date. Whenever a case is set for trial beyond the 60-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter. Whenever a case is set for trial after a defendant enters either a general waiver as to the 60-day trial requirement or requests or consents, expressed or implied, to the setting of a trial date beyond the 60-day period pursuant to this paragraph, the court may not grant a motion of the defendant to vacate the date set for trial and to set an earlier trial date unless all parties are properly noticed and the court finds good cause for granting that motion. (3) Regardless of when the complaint is filed, when a defendant in a misdemeanor or infraction case is not brought to trial within 30 days after he or she is arraigned or enters his or her plea, whichever occurs later, if the defendant is in custody at the time of arraignment or plea, whichever occurs later, or in all other cases, within 45 days after the defendant’s arraignment or entry of the plea, whichever occurs later, or in case the cause is to be tried again following a mistrial, an order granting a new trial from which no appeal is taken, or an appeal from a judgment in a misdemeanor or infraction case, within 30 days after the mistrial has been declared, after entry of the order granting the new trial, or after the remittitur is filed in the trial court, or within 30 days after the date of the reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367). However, an action shall not be dismissed under this subdivision if any of the following circumstances exists: (A) The defendant enters a general waiver of the 30-day or 45-day trial requirement. A general waiver of the 30-day or 45-day trial requirement entitles the court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 30 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply. (B) The defendant requests or consents to the setting of a trial date beyond the 30-day or 45-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver the court shall set a trial date. Whenever a case is set for trial beyond the 30-day or 45-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter. (C) The defendant in a misdemeanor case has been ordered to appear on a case set for hearing prior to trial, but the defendant fails to appear on that date and a bench warrant is issued, or the case is not tried on the date set for trial because of the defendant’s neglect or failure to appear, in which case the defendant shall be deemed to have been arraigned within the meaning of this subdivision on the date of his or her subsequent arraignment on a bench warrant or his or her submission to the court. (b) Whenever a defendant has been ordered to appear in superior court on a felony case set for trial or set for a hearing prior to trial after being held to answer, if the defendant fails to appear on that date and a bench warrant is issued, the defendant shall be brought to trial within 60 days after the defendant next appears in the superior court unless a trial date previously had been set which is beyond that 60-day period. (c) If the defendant is not represented by counsel, the defendant shall not be deemed under this section to have consented to the date for the defendant’s trial unless the court has explained to the defendant his or her rights under this section and the effect of his or her consent. (Amended by Stats. 2009, Ch. 424, Sec. 1. (AB 250) Effective January 1, 2010.)
  199. 13820.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    The Office of Criminal Justice Planning is abolished, and its duties, obligations, powers, and authority are transferred to the Office of Emergency Services, except for certain duties under Section 6024, which go to the Board of State and Community Corrections.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13820. (a) The Office of Criminal Justice Planning is hereby abolished. The duties and obligations of that office, and all powers and authority formerly exercised by that office, shall be transferred to and assumed by the Office of Emergency Services, with the exception of the duties described in Section 6024, which shall be assumed by the Board of State and Community Corrections. (b) Except for this section, the phrase “Office of Criminal Justice Planning” or any reference to that phrase in this code shall be construed to mean or refer to the Office of Emergency Services. Any reference to the executive director of the Office of Criminal Justice Planning in this code shall be construed to mean the Director of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 428. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  200. 13821.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. )

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    The Controller must allocate specified percentages of certain funds to the Office of Emergency Services and listed programs, with quarterly or monthly distribution schedules depending on the fiscal year.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE [13800 - 13899] ( Title 6 repealed and added by Stats. 1973, Ch. 1047. ) ## CHAPTER 3. Criminal Justice Planning [13820 - 13825] ( Heading of Chapter 3 amended by Stats. 2010, Ch. 618, Sec. 216. ) ## 13821. (a) For the 2011–12 fiscal year, the Controller shall allocate 9 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 to the Office of Emergency Services. The Controller shall allocate these funds on a quarterly basis beginning on October 1. These funds shall be allocated by the Controller pursuant to a schedule provided by the Office of Emergency Services that shall be developed according to the office’s existing programmatic guidelines and the following percentages: (1) The California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52 percent in the 2011–12 fiscal year. (2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2 percent in the 2011–12 fiscal year. (3) The Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48 percent in the 2011–12 fiscal year. (4) The High Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.83 percent in the 2011–12 fiscal year. (5) The Gang Violence Suppression Program authorized by Section 13826.1, shall receive 3.91 percent in the 2011–12 fiscal year. (6) The Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06 percent in the 2011–12 fiscal year. (b) For the 2011–12 fiscal year, the Office of Emergency Services may be reimbursed up to five hundred eleven thousand dollars ($511,000) from the funds allocated in subdivision (a) for program administrative costs. (c) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552 of the Government Code, and commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552 of the Government Code, the Controller shall allocate 8.99758189 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 and shall distribute the moneys as follows: (1) Commencing with the 2012–13 fiscal year, the California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52015636 percent and shall be allocated by the Controller according to the following schedule: Alameda County 1.7109% Alpine County 0.6327% Amador County 0.6327% Butte County 1.6666% Calaveras County 0.8435% Colusa County 0.1623% Contra Costa County 1.3163% Del Norte County 0.2167% El Dorado County 1.3716% Fresno County 5.3775% Glenn County 0.2130% Humboldt County 1.0198% Imperial County 2.5510% Inyo County 0.6327% Kern County 5.6938% Kings County 0.9701% Lake County 0.6604% Lassen County 0.2643% Los Angeles County 5.3239% Madera County 0.9701% Marin County 0.6292% Mariposa County 0.6327% Mendocino County 0.6846% Merced County 1.8136% Modoc County 0.0734% Mono County 0.6327% Monterey County 0.9018% Napa County 0.6803% Nevada County 0.7482% Orange County 1.5661% Placer County 2.6395% Plumas County 0.1516% Riverside County 5.6395% Sacramento County 10.0169% San Benito County 0.8404% San Bernardino County 8.9364% San Diego County 2.5510% San Francisco County 1.0034% San Joaquin County 4.6394% San Luis Obispo County 1.3483% San Mateo County 1.1224% Santa Barbara County 1.3483% Santa Clara County 2.0612% Santa Cruz County 0.8333% Shasta County 1.3426% Sierra County 0.0245% Siskiyou County 0.3401% Solano County 1.8979% Sonoma County 1.1610% Stanislaus County 3.6272% Sutter County 0.7177% Tehama County 0.4808% Trinity County 0.1044% Tulare County 2.5306% Tuolumne County 0.6327% Ventura County 1.3483% Yolo County 1.5215% Yuba County 0.5466% (2) Commencing with the 2013–14 fiscal year, the California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52015636 percent and shall be allocated in monthly installments by the Controller according to the following schedule: Alameda County 1.7109% Alpine County 0.6327% Amador County 0.6327% Butte County 1.6666% Calaveras County 0.8435% Colusa County 0.1623% Contra Costa County 1.3163% Del Norte County 0.2167% El Dorado County 1.3716% Fresno County 5.3775% Glenn County 0.2130% Humboldt County 1.0198% Imperial County 2.5510% Inyo County 0.6327% Kern County 5.6938% Kings County 0.9701% Lake County 0.6604% Lassen County 0.2643% Los Angeles County 5.3239% Madera County 0.9701% Marin County 0.6292% Mariposa County 0.6327% Mendocino County 0.6846% Merced County 1.8136% Modoc County 0.0734% Mono County 0.6327% Monterey County 0.9018% Napa County 0.6803% Nevada County 0.7482% Orange County 1.5661% Placer County 2.6395% Plumas County 0.1516% Riverside County 5.6395% Sacramento County 10.0169% San Benito County 0.8404% San Bernardino County 8.9364% San Diego County 2.5510% San Francisco County 1.0034% San Joaquin County 4.6394% San Luis Obispo County 1.3483% San Mateo County 1.1224% Santa Barbara County 1.3483% Santa Clara County 2.0612% Santa Cruz County 0.8333% Shasta County 1.3426% Sierra County 0.0245% Siskiyou County 0.3401% Solano County 1.8979% Sonoma County 1.1610% Stanislaus County 3.6272% Sutter County 0.7177% Tehama County 0.4808% Trinity County 0.1044% Tulare County 2.5306% Tuolumne County 0.6327% Ventura County 1.3483% Yolo County 1.5215% Yuba County 0.5466% (3) Commencing with the 2012–13 fiscal year, the Multi-Agency Gang Enforcement Consortium shall receive 0.19545566 percent and shall be allocated by the Controller to Fresno County. (4) Commencing with the 2013–14 fiscal year, the Multi-Agency Gang Enforcement Consortium shall receive 0.19545566 percent and shall be allocated in monthly installments by the Controller to Fresno County. (5) Commencing with the 2012–13 fiscal year, the Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48473003 percent and shall be allocated by the Controller according to the following schedule: Los Angeles County 21.0294% Riverside County 12.8778% Sacramento County 14.0198% San Luis Obispo County 12.0168% Santa Clara County 17.0238% Shasta County 12.0168% Tulare County 11.0156% (6) Commencing with the 2013–14 fiscal year, the Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48473003 percent and shall be allocated by the Controller in monthly installments according to the following schedule: Los Angeles County 21.0294% Riverside County 12.8778% Sacramento County 14.0198% San Luis Obispo County 12.0168% Santa Clara County 17.0238% Shasta County 12.0168% Tulare County 11.0156% (7) Commencing with the 2012–13 fiscal year, the High Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.82628878 percent and shall be allocated by the Controller according to the following schedule: Los Angeles County 18.25% Marin County 18.25% Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4 7.00% Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4 1.75% Sacramento County 18.25% San Diego County 18.25% Santa Clara County 18.25% (8) Commencing with the 2013–14 fiscal year, the High Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.82628878 percent and shall be allocated by the Controller in monthly installments according to the following schedule: Los Angeles County 18.25% Marin County 18.25% Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4 8.75% Sacramento County 18.25% San Diego County 18.25% Santa Clara County 18.25% (9) Commencing with the 2012–13 fiscal year, the Gang Violence Suppression Program, authorized by Section 13826.1, shall receive 3.90911312 percent and shall be allocated by the Controller according to the following schedule: Alameda County 9.6775% Los Angeles County 22.5808% Monterey County 9.6775% Napa County 17.7417% City of Oxnard 17.7417% City of Sacramento 22.5808% (10) Commencing with the 2013–14 fiscal year, the Gang Violence Suppression Program, authorized by Section 13826.1, shall receive 3.90911312 percent and shall be allocated by the Controller in monthly installments according to the following schedule: Alameda County 9.6775% Los Angeles County 22.5808% Monterey County 9.6775% Napa County 17.7417% City of Oxnard 17.7417% City of Sacramento 22.5808% (11) Commencing with the 2012–13 fiscal year, the Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06425605 percent and shall be allocated by the Controller according to the following schedule: Fresno County 18.5588% Kern County 13.7173% Kings County 6.8587% Madera County 4.4380% Merced County 6.8587% Monterey County 7.2411% San Benito County 4.8273% San Joaquin County 6.8587% San Luis Obispo County 2.1723% Santa Barbara County 3.6206% Santa Cruz County 1.4482% Stanislaus County 6.8587% Tulare County 16.5415% (12) Commencing with the 2013–14 fiscal year, the Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06425605 percent and shall be allocated by the Controller in monthly installments according to the following schedule: Fresno County 18.5588% Kern County 13.7173% Kings County 6.8587% Madera County 4.4380% Merced County 6.8587% Monterey County 7.2411% San Benito County 4.8273% San Joaquin County 6.8587% San Luis Obispo County 2.1723% Santa Barbara County 3.6206% Santa Cruz County 1.4482% Stanislaus County 6.8587% Tulare County 16.5415% (d) For any of the programs described in this section, funding will be distributed by local agencies as would otherwise have occurred pursuant to Section 1 of Chapter 13 of the Statutes of 2011, First Extraordinary Session. (Amended by Stats. 2021, Ch. 83, Sec. 3. (SB 157) Effective July 16, 2021.)

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