Penal Code — Part 8 | PEN — United States — California law | Esheria

Penal Code

Part 8 of 29 · provisions 1,401–1,600

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

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

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Provisions of Penal Code

Showing 200 of 5,647

  1. 14163.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    A financial institution may exempt certain monetary instrument transactions from reporting, but the exemption must be approved in writing by at least two officers and can be reviewed or disapproved by the department.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14163. Except as otherwise provided, a financial institution may exempt from the reporting requirements of Section 14162 monetary instrument transactions exempted from the reporting requirements of Section 5313 of Title 31 of the United States Code. However, the exemption shall be approved in writing and with the signature of two or more officers of the financial institution and subject to review and disapproval for reasonable cause by the department. An exemption disapproved by the department in writing shall be effective to require reporting pursuant to Section 14162 within five business days of the time the disapproval is communicated to the financial institution. The department may require, by regulation, the maintenance, and may provide for the inspection, of records of exemptions granted under this section. (Added by Stats. 1986, Ch. 1039, Sec. 3.)
  2. 14164.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    A financial institution and related personnel are protected from liability for filing certain reports, and may contact and share customer financial records with law enforcement when they suspect a violation.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14164. (a) A financial institution, or any officer, employee, or agent thereof, that keeps and files a record in reliance on Section 14162, shall not be liable to its customer, to a state or local agency, or to any person for any loss or damage caused in whole or in part by the making, filing, or governmental use of the report, or any information contained therein. (b) This title does not preclude a financial institution, in its discretion, from instituting contact with, and thereafter communicating with and disclosing customer financial records to, appropriate federal, state, or local law enforcement agencies when the financial institution has reason to suspect that the records or information demonstrate that the customer has violated any provision of this title or Section 186.10. (Added by Stats. 1986, Ch. 1039, Sec. 3.)
  3. 14165.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    The department must analyze certain reports, share possible violations with the appropriate criminal justice agency, may provide report information to prosecutors under specified conditions, and must destroy reports after five calendar years unless tied to an existing criminal proceeding or investigation.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14165. (a) The department shall analyze the reports required by Section 14162 and shall report any possible violations indicated by this analysis to the appropriate criminal justice agency. (b) The department, in the discretion of the Attorney General, may make a report or information contained in a report filed under Section 14162 available to a district attorney or a deputy district attorney in this state, upon request made by the district attorney or his or her designee. The report or information shall be available only for a purpose consistent with this title and subject to regulations prescribed by the Attorney General, which shall require the district attorney or his or her designee seeking the report or information contained in the report to specify in writing the specific reasons for believing that a provision of this title or Section 186.10 has been violated. (c) The department shall destroy a report filed with it under Section 14162 at the end of the fifth calendar year after receipt of the report, unless the report or information contained in the report is known by the department to be the subject of an existing criminal proceeding or investigation. (Amended by Stats. 1997, Ch. 578, Sec. 3. Effective January 1, 1998.)
  4. 14166.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    Any person who willfully violates this title’s reporting rules, gives false or incomplete information, conceals a material fact, or structures transactions to avoid a required report can be punished.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14166. Any person (a) who willfully violates any provision of this title or any regulation adopted to implement Section 14162, (b) who, knowingly and with the intent either (1) to disguise the fact that a monetary instrument was derived from criminal activity or (2) to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, furnishes or provides to a financial institution or any officer, employee, or agent thereof or to the department, any false, inaccurate, or incomplete information or conceals a material fact in connection with a transaction for which a report is required to be filed pursuant to either Section 14162 of this code or Section 5313 of Title 31 of the United States Code, or in connection with an exemption prescribed in Section 14163, or (c) who, knowingly and with the intent either (1) to disguise the fact that a monetary instrument was derived from criminal activity or (2) to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, conducts a monetary instrument transaction or series of transactions by or through one or more financial institutions as part of a scheme and with the intent to avoid the making or filing of a report required under either Section 14162 of this code or Section 5313 of Title 31 of the United States Code, shall be punished by imprisonment in the county jail for not more than one year or in the state prison, by a fine of not more than the greater of two hundred fifty thousand dollars ($250,000) or twice the monetary value of the financial transaction or transactions, or by both that imprisonment and fine. Notwithstanding any other provision of law, any violation of this section as to each monetary instrument transaction or exemption constitutes a separate, punishable offense. (Amended by Stats. 1994, Ch. 1187, Sec. 5. Effective January 1, 1995.)
  5. 14167.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. )

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    Information obtained by the department or any agency under this title is not a public record and cannot be disclosed under the cited Government Code provisions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS [14160 - 14167] ( Title 11 added by Stats. 1986, Ch. 1039, Sec. 3. ) ## 14167. Any report, record, information, analysis, or request obtained by the department or any agency pursuant to this title is not a public record as defined in Section 7920.530 of the Government Code and is not subject to disclosure under Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 352. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  6. 1417.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    The clerk of the court must retain certain exhibits in criminal cases and set up a procedure to account for them properly.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417. All exhibits which have been introduced or filed in any criminal action or proceeding shall be retained by the clerk of the court who shall establish a procedure to account for the exhibits properly, subject to Sections 1417.2 and 1417.3 until final determination of the action or proceedings and the exhibits shall thereafter be distributed or disposed of as provided in this chapter. (Amended by Stats. 1990, Ch. 382, Sec. 3.)
  7. 1417.1.

    ## 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 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    A court must not order destruction of an exhibit before the case is finally determined.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.1. No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding. For the purposes of this chapter, the date when a criminal action or proceeding becomes final is as follows: (a) When no notice of appeal is filed, 30 days after the last day for filing that notice. (b) When a notice of appeal is filed, 30 days after the date the clerk of the court receives the remittitur affirming the judgment. (c) When an order for a rehearing, a new trial, or other proceeding is granted and the ordered proceedings have not been commenced within one year thereafter, one year after the date of that order. (d) (1) In cases where the death penalty is imposed, 30 days after the date of execution of sentence. (2) In cases where the death penalty is imposed and the defendant dies while awaiting execution, one year after the date of the defendant’s death. (Amended by Stats. 2012, Ch. 283, Sec. 2. (SB 1489) Effective January 1, 2013.)
  8. 1417.2.

    ## 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 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    A court may order an exhibit delivered to the entitled party before final judgment if the parties stipulate or proceed by notice and motion, no one is prejudiced, and a full photographic record is made. The returning party must provide that record.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.2. Notwithstanding Section 1417.5, the court may, on application of the party entitled thereto or an agent designated in writing by the owner, order an exhibit delivered to that party at any time prior to the final determination of the action or proceeding, upon stipulation of the parties or upon notice and motion if both of the following requirements are met: (a) No prejudice will be suffered by either party. (b) A full and complete photographic record is made of the exhibits so released. The party to whom the exhibit is being returned shall provide the photographic record. This section shall not apply to any material, the release of which is prohibited by Section 1417.6. (Added by Stats. 1985, Ch. 875, Sec. 3.)
  9. 1417.3.

    ## 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 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    Courts must return certain exhibits before a case ends when they create security, storage, or safety problems, and toxic exhibits are generally handled by photo and chemical analysis unless the court finds good cause to do 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 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.3. (a) At any time prior to the final determination of the action or proceeding, exhibits offered by the state or defendant shall be returned to the party offering them by order of the court when an exhibit poses a security, storage, or safety problem, as recommended by the clerk of the court. If an exhibit by its nature is severable the court shall order the clerk to retain a portion of the exhibit not exceeding three pounds by weight or one cubic foot by volume and shall order the return of the balance of the exhibit to the district attorney. The clerk, upon court order, shall substitute a full and complete photographic record of any exhibit or part of any exhibit returned to the state under this section. The party to whom the exhibit is being returned shall provide the photographic record. (b) Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the court in the form of a photographic record and a written chemical analysis certified by competent authority. Where the court finds that good cause exists to depart from this procedure, toxic exhibits may be brought into the courtroom and introduced. However, following introduction of the exhibit, the person or persons previously in possession of the exhibit shall take responsibility for it and the court shall not be required to store the exhibit. (Amended by Stats. 1990, Ch. 382, Sec. 4.)
  10. 1417.5.

    ## 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 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    This section tells the court clerk how to dispose of exhibits after a criminal case ends, and when the court must release them to eligible applicants.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.5. Except as provided in Section 1417.6, 60 days after the final determination of a criminal action or proceeding, the clerk of the court shall dispose of all exhibits introduced or filed in the case and remaining in the clerk’s possession, as follows: (a) If the name and address of the person from whom the exhibit was taken is contained in the court record, the clerk shall notify the person that he or she may make application to the court for release of the exhibits within 15 days of receipt of the notification. (b) The court shall order the release of exhibits free of charge, without prejudice to the state, upon application, to the following: (1) First, the person from whom the exhibits were taken into custody, provided that the person was in lawful possession of the exhibits. (2) Second, a person establishing title to, or a right to possession of, the exhibits. (c) If the party entitled to an exhibit fails to apply for the return of the exhibit prior to the date for disposition under this section, the following procedures shall apply: (1) Exhibits of stolen or embezzled property other than money shall be disposed of pursuant to court order as provided in Section 1417.6. (2) Exhibits of property other than property which is stolen or embezzled or property which consists of money or currency shall, except as otherwise provided in this paragraph and in paragraph (3), be transferred to the appropriate county agency for sale to the public in the same manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the county determines that any property is needed for a public use, the property may be retained by the county and need not be sold. (3) Exhibits of property, other than money, currency, or stolen or embezzled property, that are determined by the court to have no value at public sale shall be destroyed or otherwise disposed of pursuant to court order. (4) Exhibits of money or currency shall be disposed of pursuant to Section 1420. (Amended by Stats. 1997, Ch. 133, Sec. 1. Effective January 1, 1998.)
  11. 1417.6.

    ## 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 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    This section limits how certain seized property, exhibits, and tools used in Vehicle Code violations are handled, including delayed destruction/disposal, nuisance proceedings, notice, and proof requirements.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.6. (a) The provisions of Section 1417.5 shall not apply to any dangerous or deadly weapons, narcotic or poisonous drugs, explosives, or any property of any kind or character whatsoever the possession of which is prohibited by law and that was used by a defendant in the commission of the crime of which the defendant was convicted, or with which the defendant was armed or that the defendant had upon his or her person at the time of the defendant’s arrest. Any of this property introduced or filed as an exhibit shall be, by order of the trial court, destroyed or otherwise disposed of under the conditions provided in the order no sooner than 60 days following the final determination of the criminal action or proceeding. (b) (1) Every person who knowingly has in his or her possession any tool or device that is seized and of a type used in the commission of a violation of Section 10801, 10802, or 10803 of the Vehicle Code, shall be subject to having the tool or device intended for the above purpose deemed a nuisance as provided in paragraph (2). (2) An evidentiary hearing shall be held only upon conviction of the defendant for a violation of Section 10801, 10802, or 10803 of the Vehicle Code and after 15 days’ notice is given to the defendant of the state’s intent to declare as a nuisance any property that is described in paragraph (1). All relevant evidence shall be admissible at the hearing and the state shall prove by a preponderance of the evidence that the property seized is of a type used in facilitating the commission of the crime of which the defendant was convicted. (3) If a person purports to be the lawful owner of any tool or device the state seeks to be declared a nuisance, the person shall show proof by a preponderance of the evidence at the hearing pursuant to paragraph (2), that he or she owns the tool or device, and the illegal use of the tool or device was without his or her knowledge or consent. (4) Following a determination that the property shall be declared a nuisance, the property shall be disposed of as provided in paragraph (2) or (3) of subdivision (c) of Section 1417.5. (Amended by Stats. 2010, Ch. 709, Sec. 17. (SB 1062) Effective January 1, 2011.)
  12. 1417.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    The court must give notice before disposing of certain exhibits, and parties may make a photographic or digital record before disposition. The court clerk must observe, certify, and keep the record for 60 days after the criminal case ends.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.7. Not less than 15 days before any proposed disposition of an exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court shall notify the district attorney or other prosecuting attorney, the attorney of record for each party, and each party who is not represented by counsel of the proposed disposition. Before the disposition, any party, at his or her own expense, may cause to be prepared a photographic or digital record of all or part of the exhibit by a person who is not a party or attorney of a party. The clerk of the court shall observe the taking of the photographic or digital record and, upon receipt of a declaration of the person making the photographic or digital record that the duplicate delivered to the clerk is a true, unaltered, and unretouched duplicate of the photographic or digital record taken in the presence of the clerk, the clerk shall certify the photographic or digital record as such without charge and retain it unaltered for a period of 60 days following the final determination of the criminal action or proceeding. For purposes of this section, a “photographic record” of the exhibit means a photographic image of the exhibit or its equivalent stored in any form. For purposes of this section, a “duplicate” means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original. A certified photographic or digital record of exhibits shall not be deemed inadmissible pursuant to Section 1521 or 1522 of the Evidence Code. (Amended by Stats. 2017, Ch. 566, Sec. 3. (SB 238) Effective October 7, 2017.)
  13. 1417.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    Courts must control how certain exhibit photographs of minors are handled, limit access, preserve them, and ensure copies are turned over for disposal.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.8. (a) Notwithstanding any other provision of this chapter, the court shall direct that any photograph of any minor that has been found by the court to be harmful matter, as defined in Section 313, and introduced or filed as an exhibit in any criminal proceeding specified in subdivision (b) be handled as follows: (1) Prior to the final determination of the action or proceeding, the photograph shall be available only to the parties or to a person named in a court order to receive the photograph. (2) After the final determination of the action or proceeding, the photograph shall be preserved with the permanent record maintained by the clerk of the court. The photograph may be disposed of or destroyed after preservation through any appropriate photographic or electronic medium. If the photograph is disposed of, it shall be rendered unidentifiable before the disposal. No person shall have access to the photograph unless that person has been named in a court order to receive the photograph. Any copy, negative, reprint, or other duplication of the photograph in the possession of the state, a state agency, the defendant, or an agent of the defendant, shall be delivered to the clerk of the court for disposal whether or not the defendant was convicted of the offense. (b) The procedure provided by subdivision (a) shall apply to actions listed under subdivision (c) of Section 290, and to acts under the following provisions: (1) Section 261.5. (2) Section 272. (3) Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1. (4) Chapter 7.6 (commencing with Section 313) of Title 9 of Part 1. (c) For the purposes of this section, “photograph” means any photographic image contained in a digital format or on any chemical, mechanical, magnetic, or electronic medium. (Amended by Stats. 2007, Ch. 579, Sec. 43. Effective October 13, 2007.)
  14. 1417.9.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. )

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    This section requires a governmental entity to keep biological evidence from a criminal case while a person remains incarcerated in that case, and it allows disposal only if listed notice and waiting conditions are met.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 13. Disposition of Evidence in Criminal Cases [1417 - 1417.9] ( Chapter 13 repealed and added by Stats. 1985, Ch. 875, Sec. 3. ) ## 1417.9. (a) Notwithstanding any other law and subject to subdivisions (b) and (c), the appropriate governmental entity shall retain any object or material that contains or includes biological material that is secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with that case. The governmental entity shall have the discretion to determine how the evidence is retained pursuant to this section, provided that the evidence is retained in a condition suitable for deoxyribonucleic acid (DNA) testing. (b) A governmental entity may dispose of any object or material that contains or includes biological material before the expiration of the period of time described in subdivision (a) if all of the conditions set forth below are met: (1) The governmental entity notifies all of the following persons of the provisions of this section and of the intention of the governmental entity to dispose of the material: (A) Any person, who as a result of a felony conviction in the case is currently serving a term of imprisonment and who remains incarcerated in connection with the case. This notification shall be sent to the current location where the person is incarcerated. (B) Any counsel of record. (C) The public defender in the county of conviction. (D) The district attorney in the county of conviction. (E) The Attorney General. (2) The notifying entity does not receive, within 180 days of sending the notification, any of the following: (A) A motion filed pursuant to Section 1405. However, upon filing of that motion, the governmental entity shall retain the material only until the time that the court’s denial of the motion is final. (B) A request under penalty of perjury that the material not be destroyed or disposed of because the declarant will file a motion for DNA testing pursuant to Section 1405 within one year, unless a request for an extension is requested by the convicted person and agreed to by the governmental entity in possession of the evidence. (C) A declaration of innocence filed with the court under penalty of perjury. However, the court shall permit the destruction of the evidence upon a showing that the declaration is false or there is no issue of identity that would be affected by additional testing. The convicted person may be cross-examined on the declaration at any hearing conducted under this section or on an application by or on behalf of the convicted person filed pursuant to Section 1405. (3) No other law requires that biological evidence be preserved or retained. (c) Notwithstanding any other law, the right to receive notice pursuant to this section is absolute and shall not be waived. This prohibition applies to, but is not limited to, a waiver that is given as part of an agreement resulting in a plea of guilty or nolo contendere. (Amended by Stats. 2018, Ch. 972, Sec. 1. (AB 2988) Effective January 1, 2019.)
  15. 14170.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. )

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    This section states the Legislature’s intent to create and expand a rural crime prevention program for counties in California’s Central Valley.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. ) ## 14170. (a) It is the intent of the Legislature in enacting this measure to enhance crime prevention efforts by establishing a pilot program to strengthen the ability of law enforcement agencies in rural areas to detect and monitor agricultural- and rural-based crimes. (b) The County of Tulare has developed the Rural Crime Demonstration Project administered by the Tulare County District Attorney’s office under a joint powers agreement with the Tulare County Sheriff’s office entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. The parties to that agreement formed a task force to include the office of the Tulare County Agricultural Commissioner. The task force is an interactive team working together to develop problem solving and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force conducts joint operations in order to facilitate investigative coordination. The task force consults with experts from the United States military, the California Military Department, the Department of Justice, other law enforcement entities, and various other state and private organizations as deemed necessary to maximize the effectiveness of the task force. Media and community support have been solicited to promote the task force. The Rural Crime Demonstration Project has proven its cost effectiveness. It is appropriate that the project be expanded into a program that will allow the County of Tulare to continue to operate the task force formed under the above described joint powers agreement, and to permit the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, and Stanislaus to establish their own programs, pursuant to the provisions of this title, and to collectively establish a task force for the prevention of rural crime in those counties. (c) The Legislature finds and declares that California has experienced an escalation in agricultural crimes in general, both property and personal, and that there has been no concentrated effort applied to the prevention of crimes against the agricultural industry. Currently, no national or state agency keeps track of statistics on agricultural and rural crime. According to media reports, this state lost millions of dollars worth of crops, livestock, and equipment in 1994 and 1995. A majority of these crimes occurred in agricultural-based counties. However, there has been no effort on the part of any state or local agency to accurately record these types of crimes. The Legislature further finds and declares that there are no state or local law enforcement agencies in this state with programs that are specially designed to detect or monitor agricultural- and rural-based criminal activities. In addition, local law enforcement agencies do not possess the jurisdictional authority, investigative facilities, or data systems to coordinate a comprehensive approach to the state’s agricultural and rural crime problem. The Legislature additionally finds and declares that the proliferation of agricultural and rural crime in the various rural counties of this state is a threat to the vitality of our rich agrarian tradition. Agricultural and rural crime, if left unchecked, endangers an entire industry that is vital to America’s continued economic role in the world, and therefore requires a proactive response from the Legislature. The intent of the Legislature in authorizing the Central Valley Rural Crime Prevention Program pursuant to this act is to provide for the protection and safety of the state’s agriculture industry by creating statewide standards and methods of detecting and tracking agrarian and rural crime. (Amended by Stats. 2002, Ch. 719, Sec. 2. Effective September 20, 2002.)
  16. 14171.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. )

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    Certain Central Valley counties may create a rural crime prevention program, but participating counties must adopt implementation rules and join a regional task force to receive funds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. ) ## 14171. (a) Each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare may develop within its respective jurisdiction a Central Valley Rural Crime Prevention Program, which shall be administered by the county district attorney’s office or the county sheriff’s department of each respective county under a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (b) The parties to each agreement shall form a regional task force that shall be known as the Central Valley Rural Crime Task Force, that may include the respective county office of the county agricultural commissioner, the county district attorney, the county sheriff, and interested property owner groups or associations. The task force shall be an interactive team working together to develop crime prevention, problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force may operate from a joint facility in order to facilitate investigative coordination. The task force may also consult with experts from the United States military, the California Military Department, the Department of Justice, other law enforcement entities, and various other state and private organizations as deemed necessary to maximize the effectiveness of this program. Media and community support may be solicited to promote this program. Each of the participating designated counties shall adopt rules and regulations for the implementation and administration of this program. (1) In order to receive funds for this program, each designated county shall agree to participate in a regional task force, to be known as the Central Valley Rural Crime Task Force, and shall appoint a representative to that task force. (2) The Central Valley Rural Crime Task Force may develop rural crime prevention programs containing a system for reporting rural crimes that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution. The task force may develop computer software and use communication technology to implement the reporting system, although the task force is not limited to the use of these means to achieve the stated goals. (3) The Central Valley Rural Crime Task Force may develop a uniform procedure for all participating counties to collect, and each participating county may collect, data on agricultural crimes. The task force may also establish a central database for the collection and maintenance of data on agricultural crimes and designate one participating county to maintain the database. State funds the counties receive to operate their rural crime prevention programs may be used to implement the requirements of this paragraph. This paragraph does not prohibit counties from using their own funds to implement the paragraph’s provisions, however, it is the Legislature’s intent that this paragraph shall not be construed as creating a state-mandated local program. (c) The staff for each program may consist of the personnel designated by the district attorney and sheriff for each county in accordance with the joint powers agreement. (Amended by Stats. 2012, Ch. 43, Sec. 79. (SB 1023) Effective June 27, 2012.)
  17. 14173.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. )

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    The Controller must allocate and distribute appropriated program funds according to the listed county percentages.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. ) ## 14173. Funds appropriated to the Central Valley Rural Crime Prevention Program shall be allocated by the Controller and distributed according to the following schedule: Fresno County ........................ 23% Kern County ........................ 17% Kings County ........................ 8.5% Madera County ........................ 5.5% Merced County ........................ 8.5% San Joaquin County ........................ 8.5% Stanislaus County ........................ 8.5% Tulare County ........................ 20.5% (Amended by Stats. 2012, Ch. 43, Sec. 80. (SB 1023) Effective June 27, 2012.)
  18. 14174.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. )

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    Funds for this title are allocated based on counties’ compliance with Section 14171(b)(3).

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM [14170 - 14174] ( Heading of Title 11.5 amended by Stats. 2002, Ch. 719, Sec. 1. ) ## 14174. Funds appropriated for the purposes of this title shall be allocated based on the counties’ compliance with paragraph (3) of subdivision (b) of Section 14171. (Added by renumbering Section 14174.3 by Stats. 2005, Ch. 497, Sec. 6. Effective October 4, 2005.)
  19. 14180.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.7. CENTRAL COAST RURAL CRIME PREVENTION PROGRAM [14180 - 14182] ( Title 11.7 added by Stats. 2003, Ch. 18, Sec. 1. )

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    The Legislature encourages five Central Coast counties to develop, adopt, and implement a rural crime prevention program based on the Central Valley program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.7. CENTRAL COAST RURAL CRIME PREVENTION PROGRAM [14180 - 14182] ( Title 11.7 added by Stats. 2003, Ch. 18, Sec. 1. ) ## 14180. The Legislature encourages the Counties of Monterey, San Benito, Santa Barbara, Santa Cruz, and San Luis Obispo to develop, adopt, and implement a Central Coast Rural Crime Prevention Program based upon the Central Valley Rural Crime Prevention Program established by Title 11.5 (commencing with Section 14170) of Part 4. (Added by Stats. 2003, Ch. 18, Sec. 1. Effective January 1, 2004.)
  20. 14181.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.7. CENTRAL COAST RURAL CRIME PREVENTION PROGRAM [14180 - 14182] ( Title 11.7 added by Stats. 2003, Ch. 18, Sec. 1. )

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    Some central coast counties may create a rural crime prevention program, and participating counties must adopt rules to run it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.7. CENTRAL COAST RURAL CRIME PREVENTION PROGRAM [14180 - 14182] ( Title 11.7 added by Stats. 2003, Ch. 18, Sec. 1. ) ## 14181. (a) The Counties of Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and San Benito may each develop within its respective jurisdiction a Central Coast Rural Crime Prevention Program, which shall be administered in San Benito County, Santa Barbara County, Santa Cruz County, and San Luis Obispo County by the county district attorney’s office or the county sheriff’s office under a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (b) The parties to each agreement shall form a regional task force that shall be known as the Central Coast Rural Crime Task Force, that includes the respective county office of the county agricultural commissioner, the county district attorney, the county sheriff, and interested property owner groups or associations. The task force shall be an interactive team working together to develop crime prevention, problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force may operate from a joint facility in order to facilitate investigative coordination. The task force may also consult with experts from the United States military, other law enforcement entities, and various private organizations as deemed necessary to maximize the effectiveness of this program. Media and community support may be solicited to promote this program. Each of the participating designated counties shall adopt rules and regulations for the implementation and administration of this program. (1) The Central Coast Rural Crime Task Force may develop rural crime prevention programs containing a system for reporting rural crimes that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution. The task force may develop computer software and use communication technology to implement the reporting system, although the task force is not limited to the use of these means to achieve the stated goals. (2) The Central Coast Rural Crime Task Force may develop a uniform procedure for all participating counties to collect, and each participating county may collect, data on agricultural crimes. The task force may also establish a central database for the collection and maintenance of data on agricultural crimes and designate one participating county to maintain the database. (c) The staff for each program shall consist of the personnel designated by the district attorney and sheriff for each county in accordance with the joint powers agreement. (Amended by Stats. 2012, Ch. 43, Sec. 82. (SB 1023) Effective June 27, 2012.)
  21. 14182.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.7. CENTRAL COAST RURAL CRIME PREVENTION PROGRAM [14180 - 14182] ( Title 11.7 added by Stats. 2003, Ch. 18, Sec. 1. )

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    The program’s funding sources may include local government appropriations and private contributions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 11.7. CENTRAL COAST RURAL CRIME PREVENTION PROGRAM [14180 - 14182] ( Title 11.7 added by Stats. 2003, Ch. 18, Sec. 1. ) ## 14182. Sources of funding for the program may include, but shall not be limited to, appropriations from local government and private contributions. (Added by Stats. 2003, Ch. 18, Sec. 1. Effective January 1, 2004.)
  22. 142.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A peace officer with authority to receive or arrest a person charged with a criminal offense must not willfully refuse to do so; violations can be punished by a fine, jail time, or both. The sheriff may decide how facilities under that sheriff’s direction are used. The section does not apply to arrests under Section 837.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 142. (a) Any peace officer who has the authority to receive or arrest a person charged with a criminal offense and willfully refuses to receive or arrest that person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (b) Notwithstanding subdivision (a), the sheriff may determine whether any jail, institution, or facility under his or her direction shall be designated as a reception, holding, or confinement facility, or shall be used for several of those purposes, and may designate the class of prisoners for which any facility shall be used. (c) This section shall not apply to arrests made pursuant to Section 837. (Amended by Stats. 2011, Ch. 15, Sec. 255. (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.)
  23. 1420.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk [1420 - 1422] ( Heading of Chapter 14 amended by Stats. 1985, Ch. 875, Sec. 4. )

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    Unclaimed money held by a district attorney or court clerk after a criminal case must be deposited with the county treasurer.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk [1420 - 1422] ( Heading of Chapter 14 amended by Stats. 1985, Ch. 875, Sec. 4. ) ## 1420. All money received by a district attorney or clerk of the court in any criminal action or proceeding, the owner or owners of which are unknown, and which remains unclaimed in the possession of the district attorney or clerk of the court after final judgment in the criminal action or proceeding, shall be deposited with the county treasurer. Upon the expiration of two years after the deposit, the county treasurer shall cause a notice pursuant to Section 1421 to be published in the county once a week for two successive weeks in a newspaper of general circulation published in the county. (Amended by Stats. 1985, Ch. 875, Sec. 5.)
  24. 14200.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Attorney General must establish and maintain the Violent Crime Information Center, and the center must run programs and provide training and information support.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14200. (a) The Attorney General shall establish and maintain the Violent Crime Information Center to assist in the identification and the apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and at-risk adults. (b) The center shall establish and maintain programs which include, but are not limited to, all of the following: (1) Developing violent offender profiles. (2) Assisting local law enforcement agencies and county district attorneys by providing investigative information on persons responsible for specific violent crimes and missing person cases. (3) Providing physical description information and photographs, if available, of missing persons to county district attorneys, nonprofit missing persons organizations, and schools. (4) Providing statistics on missing at-risk adults and on missing children, including, as may be applicable, family abductions, nonfamily abductions, voluntary missing, and lost children or lost at-risk adults. (c) The Attorney General shall provide training on the services provided by the center to line personnel, supervisors, and investigators in the following fields: law enforcement, district attorneys’ offices, the Department of Corrections and Rehabilitation, probation departments, court mediation services, and the judiciary. (Amended by Stats. 2014, Ch. 437, Sec. 9. (SB 1066) Effective January 1, 2015.)
  25. 14201.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Attorney General must employ crime analysts in the Department of Justice if funds are appropriated, and those analysts must share violent-crime data and provide information to 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 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14201. The Attorney General shall employ within the Department Justice, upon appropriation of funds by the Legislature, crime analysts with expertise in child abuse, missing persons, child abductions, and sexual assaults, who shall electronically share their data, analysis, and findings on violent crime cases with each other, and to electronically provide law enforcement agencies with information to assist in the identification, tracking, and apprehension of violent offenders. (Amended by Stats. 2021, Ch. 434, Sec. 20. (SB 827) Effective January 1, 2022.)
  26. 14201.2.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    A law enforcement agency may request copies of Department of Justice information or data for certain missing-person or unidentified-person case purposes.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14201.2. Notwithstanding any other law, a law enforcement agency may request a copy of information or data maintained by the Department of Justice pursuant to this title, for the purpose of linking an unsolved missing or unidentified person case with another case that was previously unknown to be related to that case, or for the purpose of resolving an unsolved missing or unidentified person case. This section does not supersede subdivision (b) of Section 14204 or subdivision (f) of Section 14205. (Added by Stats. 2014, Ch. 432, Sec. 2.5. (SB 846) Effective January 1, 2015.)
  27. 14202.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Attorney General must establish and maintain the California Sex and Arson Registry if the Legislature appropriates funds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14202. The Attorney General shall establish and maintain, upon appropriation of funds by the Legislature, the California Sex and Arson Registry to track and monitor offenders and their activities. The system shall provide local law enforcement agencies with investigative leads to assist in the resolution of violent crimes. (Amended by Stats. 2021, Ch. 434, Sec. 21. (SB 827) Effective January 1, 2022.)
  28. 14203.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Attorney General must create and maintain an investigative support unit and violent crime system, share certain files with that unit, and the unit must provide certain sex-offender information within two hours after a reported stranger abduction of a child.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14203. (a) The Attorney General shall establish and maintain within the center an investigative support unit and an automated violent crime method of operation system to facilitate the identification and apprehension of persons responsible for murder, kidnap, including parental abduction, false imprisonment, or sexual assault. This unit shall be responsible for identifying perpetrators of violent felonies collected from the center and analyzing and comparing data on missing persons in order to determine possible leads which could assist local law enforcement agencies. This unit shall only release information about active investigations by police and sheriffs’ departments to local law enforcement agencies. (b) The Attorney General shall make available to the investigative support unit files organized by category of offender or victim and shall seek information from other files as needed by the unit. This set of files may include, among others, the following: (1) Missing or unidentified, deceased persons’ dental files filed pursuant to this title, Section 27521 of the Government Code, or Section 102870 of the Health and Safety Code. (2) Child abuse reports filed pursuant to Section 11169. (3) Sex offender registration files maintained pursuant to Section 290. (4) State summary criminal history information maintained pursuant to Section 11105. (5) Information obtained pursuant to the parent locator service maintained pursuant to Section 11478.1 of the Welfare and Institutions Code. (6) Information furnished to the Department of Justice pursuant to Section 11107. (7) Other Attorney General’s office files as requested by the investigative support unit. (c) The investigative support unit shall make available, within two hours of a reported stranger abduction of a child, a list of persons required to register as sex offenders based upon the modus operandi, if available, or the specified geographical location from which the child was abducted. (Added by renumbering Section 14202 by Stats. 2014, Ch. 437, Sec. 16. (SB 1066) Effective January 1, 2015.)
  29. 14204.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Attorney General must run and maintain an online missing-persons system, share active files with law enforcement, and send quarterly bulletins about missing children and at-risk adults.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14204. (a) The Attorney General shall establish within the center and shall maintain an online, automated computer system designed to effect an immediate law enforcement response to reports of missing persons. The Attorney General shall design the computer system, using any existing system, including the California Law Enforcement Telecommunications System, to include an active file of information concerning persons reported to it as missing and who have not been reported as found. The computer system shall also include a confidential historic database. The Attorney General shall develop a system of cataloging missing person reports according to a variety of characteristics in order to facilitate locating particular categories of reports as needed. (b) The Attorney General’s active files described in subdivision (a) shall be made available to law enforcement agencies. The Attorney General shall provide to these agencies the name and personal description data of the missing person including, but not limited to, the person’s date of birth, color of eyes and hair, sex, height, weight, and race, the time and date he or she was reported missing, the reporting agency, and any other data pertinent to the purpose of locating missing persons. However, the Attorney General shall not release the information if the reporting agency requests the Attorney General in writing not to release the information because it would impair a criminal investigation. (c) The Attorney General shall distribute a missing children and at-risk adults bulletin on a quarterly basis to local law enforcement agencies, district attorneys, and public schools. The Attorney General shall also make this information accessible to other parties involved in efforts to locate missing children and at-risk adults and to those other persons as the Attorney General deems appropriate. (Added by renumbering Section 14201 by Stats. 2014, Ch. 437, Sec. 10. (SB 1066) Effective January 1, 2015.)
  30. 14205.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The online missing persons registry must accept and generate complete information on missing persons, and the Attorney General must set the form and maintain a confidential historic database for certain missing-person categories and uses.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14205. (a) The online missing persons registry shall accept and generate complete information on a missing person. (b) The information on a missing person shall be retrievable by any of the following: (1) The person’s name. (2) The person’s date of birth. (3) The person’s social security number. (4) Whether a dental chart has been received, coded, and entered into the National Crime Information Center Missing Person System by the Attorney General. (5) The person’s physical description, including hair and eye color and body marks. (6) The person’s known associates. (7) The person’s last known location. (8) The name or assumed name of the abductor, if applicable, other pertinent information relating to the abductor or the assumed abductor, or both. (9) Any other information, as deemed appropriate by the Attorney General. (c) The Attorney General, in consultation with local law enforcement agencies and other user groups, shall develop the form in which information shall be entered into the system. (d) The Attorney General shall establish and maintain within the center a separate, confidential historic database relating to missing children and at-risk adults. The historic database may be used only by the center for statistical and research purposes. The historic database shall be set up to categorize cases relating to missing children and at-risk adults by type. These types shall include the following: (1) Runaways. (2) Voluntary missing. (3) Lost. (4) Abduction involving movement of the victim in the commission of the crime or sexual exploitation. (5) Nonfamily abduction. (6) Family abduction. (7) Any other categories as determined by the Attorney General. (e) In addition, the data shall include the number of missing children and missing at-risk adults in this state and the category of each case. (f) The center may supply information about specific cases from the historic database to a local police department, sheriff’s department, or district attorney, only in connection with an investigation by the police department, sheriff’s department, or district attorney of a missing person case or a violation or attempted violation of Section 220, 261.5, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4. (Amended by Stats. 2021, Ch. 626, Sec. 71. (AB 1171) Effective January 1, 2022.)
  31. 14206.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Attorney General must create the Missing and Exploited Children’s Recovery Network, and the Department of Justice must cooperate to build and operate it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14206. (a) The Attorney General shall establish within the Department of Justice the Missing and Exploited Children’s Recovery Network by July 31, 1995. (b) This network shall consist of an automated computerized system that shall have the capability to electronically transmit to all state and local law enforcement agencies, and all cooperating news media services, either by facsimile or computer modem, a missing child poster that includes the name, personal description data, and picture of the missing child. The information contained in this poster shall include, but not be limited to, the child’s date of birth, color of eyes and hair, sex, height, weight, race, the time and date he or she was reported missing, the reporting agency, including contact person at reporting agency if known, and any other data pertinent to the purpose of locating missing persons. (c) The Department of Justice shall work in cooperation with the National Center for Missing and Exploited Children to develop and implement a network that can electronically interface with the National Missing and Exploited Children’s Network. (d) The Attorney General shall implement this network within existing Department of Justice resources. (Added by renumbering Section 14201.5 by Stats. 2014, Ch. 437, Sec. 13. (SB 1066) Effective January 1, 2015.)
  32. 14207.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Department of Justice must maintain a public online directory of specified violent-crime-related information, but must keep certain sensitive cases out of it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14207. (a) The Department of Justice shall establish and maintain a publicly accessible computer Internet directory of information relating to the following: (1) Persons for whom an arrest warrant has been issued pursuant to an alleged violation of any offense defined as a violent felony in subdivision (c) of Section 667.5. (2) At-risk missing persons. (3) Unsolved homicides and unidentified persons. (b) The Attorney General may determine the extent of information and the priority of cases to be included in the directory. (c) The department shall keep confidential, and not enter into the directory, either of the following: (1) Information regarding any case for which the Attorney General has determined that disclosure pursuant to this section would endanger the safety of a person involved in an investigation or the successful completion of the investigation or a related investigation. (2) Information regarding an arrest warrant for which the issuing magistrate has determined that disclosure pursuant to this section would endanger the safety of a person involved in an investigation or the successful completion of the investigation or a related investigation. (Added by renumbering Section 14201.6 by Stats. 2014, Ch. 437, Sec. 14. (SB 1066) Effective January 1, 2015.)
  33. 14208.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Department of Justice has a director who must coordinate California’s response to missing persons and support related law enforcement efforts.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14208. (a) There shall be within the Department of Justice a director responsible for coordinating California’s response to missing persons. This position is hereby established for all of the following purposes: (1) To assist law enforcement agencies, at their request, with the timely search and recovery of missing children. (2) To maintain up-to-date knowledge and expertise of those protocols, best practices, and technologies that are most effective for recovering missing children in a timely manner. (3) To maintain relationships with federal, state, and local law enforcement agencies and other entities responsible for the investigation of missing persons in the state. (4) To maintain records and make the Commission on Peace Officer Standards and Training Guidelines for Handling Missing Persons Investigations document available to law enforcement agencies upon request. (b) The director shall utilize existing resources and expertise within the Attorney General’s office to the maximum extent possible to accomplish the purposes specified in subdivision (a). (Added by renumbering Section 14201.8 by Stats. 2014, Ch. 437, Sec. 15. (SB 1066) Effective January 1, 2015.)
  34. 14209.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The center must share certain missing-person information with the National Missing and Unidentified Persons System, use an approved manner and format, and not transmit or share the information unless the reporting agency or reporting party authorizes it.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14209. The center shall make accessible to the National Missing and Unidentified Persons System specific information authorized for dissemination and as determined appropriate by the center that is contained in law enforcement reports regarding missing or unidentified persons. The information shall be accessible in a manner and format approved by the center and shall be used to assist in the search for the missing person or persons. The center shall not permit the transmission or sharing of information, or portions of information, to the National Missing and Unidentified Persons System unless the reporting agency, as specified in Section 14211, or the reporting party, with respect to the information submitted to the center, submits authorization to the center to transmit or share that information. (Added by renumbering Section 14201.3 by Stats. 2014, Ch. 437, Sec. 12. (SB 1066) Effective January 1, 2015.)
  35. 1421.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk [1420 - 1422] ( Heading of Chapter 14 amended by Stats. 1985, Ch. 875, Sec. 4. )

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    The notice must state key details about the money and the related criminal case, and it must say the money is proposed to become county property on a date set 45 to 60 days after first publication.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk [1420 - 1422] ( Heading of Chapter 14 amended by Stats. 1985, Ch. 875, Sec. 4. ) ## 1421. The notice shall state the amount of money, the criminal action or proceeding in which the money was received by the district attorney or clerk of the court, the fund in which it is held and that it is proposed that the money will become the property of the county on a designated date not less than 45 days nor more than 60 days after the first publication of the notice. (Amended by Stats. 1985, Ch. 875, Sec. 6.)
  36. 14210.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Department of Justice must run a 24/7 statewide toll-free hotline for missing children and at-risk adults, and coordinate related posters, photos, and bulletin updates; local reporting agencies must help obtain and send recent photos.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14210. (a) The Department of Justice shall operate a statewide, toll-free telephone hotline 24 hours per day, seven days per week to receive information regarding missing children and at-risk adults and relay this information to the appropriate law enforcement authorities. (b) The Department of Justice shall select up to six persons per month from the missing persons publicly accessible computer Internet directory maintained pursuant to Section 14207 and shall produce posters with photographs and information regarding these persons, including the hotline telephone number and reward information. The department shall make these posters available to parties as prescribed and as the department deems appropriate. (c) The Department of Justice shall provide appropriate local reporting agencies with a list of persons still listed as missing who are under 21 years of age, and with an appropriate waiver form in order to assist the reporting agency in obtaining a photograph of each of the missing children. (d) Local reporting agencies shall attempt to obtain the most recent photograph available for persons still listed as missing and forward those photographs to the Department of Justice. (e) The department shall include these photographs, as they become available, in the quarterly bulletins pursuant to subdivision (c) of Section 14204. (f) State and local elected officials, agencies, departments, boards, and commissions may enclose in their mailings information regarding missing children or at-risk adults obtainable from the Department of Justice or any organization that is recognized as a nonprofit, tax-exempt organization under state or federal law and that has an ongoing missing children program. Elected officials, agency secretaries, and directors of departments, boards, and commissions are urged to develop policies to enclose missing children or at-risk adults information in mailings if it will not increase postage costs and is otherwise deemed appropriate. (Added by renumbering Section 14208 by Stats. 2014, Ch. 437, Sec. 24. (SB 1066) Effective January 1, 2015.)
  37. 14211.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    Local police and sheriffs must take missing-person reports without delay and prioritize them; other agencies have related routing and transmission duties.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14211. (a) All local police and sheriffs’ departments shall accept any report, by any party, including any telephonic report, of a missing person, including runaways, without delay and shall give priority to the handling of these reports over the handling of reports relating to crimes involving property. (b) If the person making a report of a missing person or runaway, contacts, including by telephone, the Department of the California Highway Patrol, the Department of the California Highway Patrol may take the report, and shall immediately advise the person making the report of the name and telephone number of the police or sheriff’s department having jurisdiction of the residence address of the missing person and of the name and telephone number of the police or sheriff’s department having jurisdiction of the place where the person was last seen. (c) In cases of reports involving missing persons, including, but not limited to, runaways, the local police or sheriff’s department shall immediately take the report and make an assessment of reasonable steps to be taken to locate the person by using the report forms, checklists, and guidelines required under Section 13519.07. (d) If the missing person is under 21 years of age, or there is evidence that the person is at risk, the police department or sheriff’s department shall broadcast a “Be On the Lookout” bulletin, without delay, within its jurisdiction. (e) If the person reported missing is under 21 years of age, or if there is evidence that the person is at risk, the law enforcement agency receiving the report shall, within two hours after the receipt of the report, electronically transmit the report to the Department of Justice via the California Law Enforcement Telecommunications System for inclusion in the Violent Crime Information Center and the National Crime Information Center databases. (f) Information not immediately available for electronic transmission to the department shall be obtained by the investigating agency and provided as a supplement to the original entry as soon as possible, but in no event later than 60 days after the original electronic entry. Supplemental information may include, but is not limited to, the following: (1) Dental records and treatment notes. (2) Fingerprints. (3) Photographs. (4) Description of physical characteristics. (5) Description of clothing the person was wearing when last seen. (6) Vehicle information. (7) Other information describing any person or vehicle believed to be involved in taking, abducting, or retaining the missing person. (g) If the report is taken by a department, other than that of the city or county of residence of the missing person or runaway, the department, or division of the Department of the California Highway Patrol taking the report shall, without delay, and, in the case of persons under 21 years of age or if there was evidence that the missing person was at risk, within no more than 24 hours, notify, and forward a copy of the report to the police or sheriff’s department or departments having jurisdiction of the residence address of the missing person or runaway and of the place where the person was last seen. The report shall also be submitted by the department or division of the Department of the California Highway Patrol which took the report to the center. The initial California Law Enforcement Telecommunications System record may only be removed after the receiving agency has accepted the report. (Amended by Stats. 2020, Ch. 228, Sec. 1. (SB 388) Effective January 1, 2021.)
  38. 14212.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    This section sets procedures for missing-person reports, including use of the Attorney General’s form, release of dental/skeletal X-rays and treatment notes, and reporting those materials to law enforcement.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14212. (a) If any person makes a report of a missing person to a police department, sheriff’s department, district attorney’s office, Department of the California Highway Patrol, or other law enforcement agency, the agency shall use the Attorney General’s form as required under Section 13519.07. That form shall include a statement authorizing the release of the dental or skeletal X-rays, or both, and treatment notes, of the person reported missing and authorizing the release of a recent photograph of a person reported missing who is under 18 years of age. (b) Included with the form shall be instructions that state that if the person reported missing is still missing 30 days after the report is made, the release form signed by a member of the family or next of kin of the missing person shall be taken by the family member or next of kin to the dentist, physician and surgeon, or medical facility in order to obtain the release of the dental or skeletal X-rays, or both, and treatment notes, of that person or may be taken by a peace officer, if others fail to take action, to secure those X-rays and treatment notes. (c) Notwithstanding any other law, dental or skeletal X-rays, or both, and treatment notes, shall be released by the dentist, physician and surgeon, or medical facility to the person presenting the request and shall be submitted within 10 days by that person to the police or sheriff’s department or other law enforcement agency having jurisdiction over the investigation. (d) If the person reported missing has been determined by the agency to be an at-risk person, has not been found within 30 days, and the dental or skeletal X-rays, or both, and treatment notes have not been released pursuant to subdivision (b) or otherwise obtained, the law enforcement agency shall execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted, and that the dental or skeletal X-rays, or both, and treatment notes, are necessary for the exclusive purpose of furthering the investigation. (e) Notwithstanding any other law, the written declaration, signed by a peace officer, is sufficient authority for the dentist, physician and surgeon, or medical facility to immediately release the missing person’s dental or skeletal X-rays, or both, or treatment notes. (f) The Attorney General’s office shall code and enter the dental or skeletal X-rays, or both, into the center’s database, which shall serve as the statewide database for those X-rays, and shall forward the information to the National Crime Information Center. (g) If a person reported missing has not been found within 30 days, the sheriff, chief of police, or other law enforcement agency conducting the investigation for the missing person may confer with the coroner or medical examiner prior to the preparation of a missing person report. The coroner or medical examiner shall cooperate with the law enforcement agency. After conferring with the coroner or medical examiner, the sheriff, chief of police, or other law enforcement agency initiating and conducting the investigation for the missing person may submit a missing person report and the dental or skeletal X-rays, or both, and photograph received pursuant to subdivision (a) to the Attorney General’s office in a format acceptable to the Attorney General. (h) Nothing in this section prohibits a parent or guardian of a child, reported to a law enforcement agency as missing, from voluntarily submitting fingerprints, and other documents, to the law enforcement agency accepting the report for inclusion in the report which is submitted to the Attorney General. (Amended by Stats. 2020, Ch. 228, Sec. 2. (SB 388) Effective January 1, 2021.)
  39. 14213.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    Law enforcement officials must report found missing persons promptly, and agencies may not remove missing-person entries just because of the person’s age.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14213. (a) When a person reported missing has been found, the sheriff, chief of police, coroner or medical examiner, or the law enforcement agency locating the missing person shall immediately report that information to the Attorney General’s office. The Attorney General’s office shall then notify the National Crime Information Center that the missing person has been found. (b) When a missing person is found, the report indicating that the person is found shall be made not later than 24 hours after the person is found to the law enforcement agency that made the initial missing person report. (c) In the event that a missing person is found alive or dead in less than 24 hours and the local police or sheriff’s department has reason to believe that the person had been abducted, the department shall submit a report to the center in a format established by the Attorney General. In the event that a missing person has been found before he or she has been reported missing to the center, the information related to the incident shall be submitted to the center. (d) A law enforcement agency shall not establish or maintain any policy that requires the removal of a missing person entry from the center database or the National Crime Information Center database based solely on the age of the missing person. (Added by renumbering Section 14207 by Stats. 2014, Ch. 437, Sec. 23. (SB 1066) Effective January 1, 2015.)
  40. 14214.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    Law enforcement agencies must immediately assist people trying to report a missing person or runaway. The California Highway Patrol must keep carrying out its written coordination policy for missing-person reports.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14214. (a) The Legislature finds and declares that it is the duty of all law enforcement agencies to immediately assist any person who is attempting to make a report of a missing person or runaway. (b) The Department of the California Highway Patrol shall continue to implement the written policy, required to be developed and adopted pursuant to former Section 11114.3, for the coordination of each of its divisions with the police and sheriffs’ departments located within each division in taking, transmitting, and investigating reports of missing persons, including runaways. (Added by renumbering Section 14210 by Stats. 2014, Ch. 437, Sec. 26. (SB 1066) Effective January 1, 2015.)
  41. 14215.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    This section defines several terms used in the title, including “missing person,” “at-risk,” “child,” “center,” “dental or medical records or X-rays,” and “unidentified person.”

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14215. (a) As used in this title, “missing person” includes, but is not limited to, any of the following: (1) An at-risk adult. (2) A child who has been taken, detained, concealed, enticed away, or retained by a parent in violation of Chapter 4 (commencing with Section 277) of Title 9 of Part 1. (3) A child who is missing voluntarily or involuntarily, or under circumstances not conforming to his or her ordinary habits or behavior and who may be in need of assistance. (b) As used in this title, “at-risk” means there is evidence of, or there are indications of, any of the following: (1) The person missing is the victim of a crime or foul play. (2) The person missing is in need of medical attention. (3) The person missing has no pattern of running away or disappearing. (4) The person missing may be the victim of parental abduction. (5) The person missing is mentally impaired, including cognitively impaired or developmentally disabled. (c) As used in this title, “child” is any person under 18 years of age. (d) As used in this title, “center” means the Violent Crime Information Center. (e) As used in this title, “dental or medical records or X-rays” include all those records or X-rays which are in the possession of a dentist, physician and surgeon, or medical facility. (f) As used in this title, “unidentified person” means a person, living or deceased, whose identity the local investigative agency is unable to determine. (Amended by Stats. 2016, Ch. 544, Sec. 1. (SB 1330) Effective January 1, 2017.)
  42. 14216.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. )

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    The Department of Justice and county supervising agencies must update certain supervised release files every 10 days.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12. VIOLENT CRIME INFORMATION CENTER [14200 - 14216] ( Title 12 added by Stats. 1988, Ch. 1456, Sec. 5. ) ## 14216. (a) The Department of Justice, in conjunction with the Department of Corrections and Rehabilitation, shall update any supervised release file that is available to law enforcement on the California Law Enforcement Telecommunications System every 10 days to reflect the most recent inmates paroled from facilities under the jurisdiction of the Department of Corrections and Rehabilitation. (b) The Department of Justice, in consultation with the State Department of State Hospitals, shall also update any supervised release file that is available to law enforcement on the California Law Enforcement Telecommunications System every 10 days to reflect patients undergoing community mental health treatment and supervision through the Forensic Conditional Release Program administered by the State Department of State Hospitals, other than individuals committed as incompetent to stand trial pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2. (c) Each county probation department or other supervising county agency shall every 10 days, update any supervised release file that is available to them on the California Law Enforcement Telecommunications System by entering any person placed onto postconviction supervision within their jurisdiction and under their authority, including persons on probation, mandatory supervision, and postrelease community supervision. (Amended by Stats. 2020, Ch. 332, Sec. 1. (AB 2606) Effective January 1, 2021.)
  43. 1422.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk [1420 - 1422] ( Heading of Chapter 14 amended by Stats. 1985, Ch. 875, Sec. 4. )

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    If no one files and serves a timely verified complaint, the money becomes county property and the county treasurer must transfer it to the general fund.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 14. Disposition of Unclaimed Money Held by District Attorney or Court Clerk [1420 - 1422] ( Heading of Chapter 14 amended by Stats. 1985, Ch. 875, Sec. 4. ) ## 1422. Unless some person files a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the summons issued thereon upon the county treasurer before the date designated in the notice, upon that date the money becomes the property of the county and shall be transferred by the treasurer to the general fund. (Added by Stats. 1959, Ch. 2016.)
  44. 14230.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. )

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    The Legislature states findings about firearm violence in California and says more research is needed.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. ) ## 14230. The Legislature finds and declares the following: (a) Firearm violence is a significant public health and public safety problem in California and nationwide. Nationally, rates of fatal firearm violence have remained essentially unchanged for more than a decade, as declines in homicide have been offset by increases in suicide. (b) California has been the site of some of the nation’s most infamous mass shootings, such as those at a McDonald’s in San Ysidro, at Cleveland Elementary School in Stockton, near the University of California, Santa Barbara in Isla Vista, and most recently at the Inland Regional Center in San Bernardino. Yet public mass shootings account for less than 1 percent of firearm violence. In 2014, there were 2,939 firearm-related deaths in California, including 1,582 suicides, 1,230 homicides, 89 deaths by legal intervention, and 38 unintentional or undetermined deaths. In communities where firearm violence is a frequent occurrence, the very structure of daily life is affected. (c) Nationwide, the annual societal cost of firearm violence was estimated at $229,000,000,000 in 2012. A significant share of this burden falls on California. In 2013, the Office of Statewide Health Planning and Development noted that government-sponsored insurance programs covered nearly two-thirds of the costs of hospitalizations for firearm assaults in California, and about one-half of the costs of hospitalizations for unintentional injuries or those resulting from deliberate self-harm. (d) California has been a leader in responding to this continuing crisis. However, although rates of fatal firearm violence in California are well below average for the 50 states, they are not low enough. (e) Too little is known about firearm violence and its prevention. This is in substantial part because too little research has been done. The need for more research and more sophisticated research has repeatedly been emphasized. California’s uniquely rich data related to firearm violence have made possible important, timely, policy-relevant research that cannot be conducted elsewhere. Because there has been so little support for research, only a small number of trained investigators are available. (f) When confronted by other major health and social problems, California and the nation have mounted effective responses, coupling an expanded research effort with policy reform in the public’s interest. Motor vehicle accidents, cancer, heart disease, and tobacco use are all examples of the benefits of this approach. (g) Federal funding for firearm violence research through the federal Centers for Disease Control and Prevention has been virtually eliminated by Congress since 1996, leaving a major gap that must be filled by other sources. (Amended by Stats. 2021, Ch. 253, Sec. 4. (AB 173) Effective September 23, 2021.)
  45. 14231.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. )

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    This section sets out the University of California’s role in running a firearm violence research center, the center’s research and reporting duties, and limited authority to run a small grant program.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. ) ## 14231. (a) It is the intent of the Legislature to establish a center for research into firearm-related violence. It is the intent of the Legislature that the center be administered by the University of California pursuant to the following principles: (1) Interdisciplinary work of the center shall address the following: (A) The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator. (B) The individual, community, and societal consequences of firearm violence. (C) Prevention and treatment of firearm violence at the individual, community, and societal levels. (2) The center shall conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms. (3) The center shall work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs. (4) To help ensure a long-term and successful effort to understand and prevent firearm violence, the center shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, young investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates. (5) As a supplement to its own research, the center may administer a small grant program for research on firearm violence. All research funds shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality. All qualified investigators, regardless of institutional affiliation, shall have equal access and opportunity to compete for the funds. (6) The peer review process for the selection of grants awarded under this program shall be modeled on the process used by the National Institutes of Health in its grantmaking process. (b) It is further the intent of the Legislature that on or before December 31, 2017, and every five years thereafter, the University of California transmit programmatic, as well as financial, reports to the state, including a report on the grants made, pending grants, program accomplishments, and the future direction of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. (c) (1) It is the intent of the Legislature that the center be provided with access to data kept by state agencies that is necessary for the conduct of its research. (2) Subject to the conditions and requirements established elsewhere in statute, state agencies, including, but not limited to, the Department of Justice, the State Department of Public Health, the State Department of Health Care Services, the Office of Statewide Health Planning and Development, and the Department of Motor Vehicles, shall provide to the center, upon proper request and following approval by the center’s governing institutional review board when required, the data necessary for the center to conduct its research. (3) Material identifying individuals shall only be provided for research or statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities, and reports or publications derived therefrom shall not identify specific individuals. Recognizing the time-sensitive nature of the center’s research, data shall be provided in a timely manner. Reasonable costs to the state agency associated with the agency’s processing of that data may be billed to the center. If a request for data or letter of support for research using the data is denied, the state agency shall provide a written statement of the specific reasons for the denial. (d) The center and all recipients of grants shall provide copies of their research publications to the Legislature and to agencies supplying data used in the conduct of that research as soon as is practicable following publication. These submissions shall be submitted in compliance with Section 9795 of the Government Code. (e) Toward these ends, the Legislature requests that the Regents of the University of California establish a Firearm Violence Research Center and administer the center and grant program pursuant to, and consistent with, the principles and goals stated herein. (f) The center shall be named the California Firearm Violence Research Center at UC Davis. (g) Ten thousand dollars ($10,000) is hereby appropriated from the General Fund to the Department of Justice to implement this section. (Amended by Stats. 2021, Ch. 253, Sec. 5. (AB 173) Effective September 23, 2021.)
  46. 14231.5.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. )

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    The Department of Justice must provide certain firearm-related data to approved researchers, but identifying information is tightly restricted.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. ) ## 14231.5. (a) Notwithstanding any other law, the Department of Justice shall make information that is maintained in the California Restraining and Protective Order System or any other data relating to prohibitions on firearm ownership, available to researchers affiliated with the California Firearm Violence Research Center at UC Davis upon proper request and following approval by the center’s governing institutional review board when required. At the department’s discretion, the information may be provided to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation for the study of the prevention of violence and following approval by the institution’s governing institutional review board or human subjects committee when required. Information may only be used for academic and policy research purposes. Any material identifying individuals shall not be transferred, revealed, or used for other than research or statistical activities and reports or publications derived therefrom shall not identify specific individuals. (b) Where material described in subdivision (a) that identifies individuals is necessary for the center to conduct research, that material shall be provided. Material identifying individuals shall only be provided for research or statistical activities and shall not be revealed or used for purposes other than research or statistical activities. Reports or publications derived therefrom shall not identify specific individuals. Reasonable costs to the department associated with the department’s processing of that data may be billed to the researcher. If a request for data or letter of support for research using the data is denied, the department shall provide a written statement of the specific reasons for the denial. (Amended by Stats. 2021, Ch. 253, Sec. 6. (AB 173) Effective September 23, 2021.)
  47. 14232.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. )

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    This chapter applies to the University of California only if the Regents of the University of California make the provisions applicable by resolution.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 1. California Firearm Violence Research Center [14230 - 14232] ( Chapter 1 heading added by Stats. 2019, Ch. 728, Sec. 1. ) ## 14232. This chapter shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university. (Amended by Stats. 2019, Ch. 728, Sec. 2. (AB 521) Effective January 1, 2020.)
  48. 14235.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. )

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    The Legislature states findings about firearm violence in California and the need for education and training for medical and mental health providers.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. ) ## 14235. The Legislature finds and declares all of the following: (a) California experiences unacceptably high rates of firearm-related death and injury. The Centers for Disease Control and Prevention reported 3,184 gun-related deaths in California in 2017: 1,610 suicides, 1,435 homicides, 86 deaths by legal intervention, 38 unintentional deaths, and 15 deaths of undetermined type. (b) Mass shootings are changing the character of public life in the state. Since 1982, California has experienced 19 mass shootings, resulting in 137 total deaths. On November 11, 2018, a mass shooting at a nightclub in Thousand Oaks, California, resulted in 12 deaths. (c) In 2010, the estimated cost of hospital and emergency department care for firearm-related injuries in California was one hundred twelve million dollars ($112,000,000), with Medi-Cal and other government payers responsible for 64 percent of those costs. These high costs occur even though most people who die from firearm-related injuries do so at the scene of the shooting and receive no medical care for their injuries. (d) Medical costs are only a small proportion (approximately 2 percent) of total societal costs, which are driven primarily by losses in productivity and quality of life. (e) Medical and mental health care providers are uniquely positioned to help prevent all forms of firearm-related harm. Through the course of their regular patient care, they have opportunities to identify people at risk for such harm, provide evidence-based counseling on risk reduction, and intervene in situations of imminent risk. (f) On October 30, 2018, the American College of Physicians published an updated position paper with recommendations for reducing firearm injuries and deaths in the United States that “recommends a public health approach to firearms-related violence and the prevention of firearm injuries and deaths” and encourages physicians to “discuss with their patients the risks that may be associated with having a firearm in the home and recommend ways to mitigate such risks.” (g) Other organizations that have published statements identifying firearm-related harm as a health problem and recommending that medical and mental health professionals engage in efforts to prevent firearm-related harm as an element of their professional practice include the American Medical Association, the American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Emergency Physicians, the American College of Surgeons, and the American Association of Suicidology. (h) While many medical and mental health care providers recognize their responsibility to help prevent firearm-related injury and death, many cite lack of knowledge regarding when and how to counsel patients as a principal barrier to action. A position statement adopted by the California Medical Association Board of Trustees on July 28, 2017, states that “expanded education and training are needed to improve clinician familiarity with the benefits and risks of firearm ownership, safety practices, and communication with patients about firearm violence.” The position statement further states that “medical schools and residency programs should incorporate firearm violence prevention into their academic curricula” and “California-specific resources such as continuing medical education modules, toolkits, patient education handouts, and clinical intervention information would help to address this practice gap.” (i) Having assembled a team of experts in firearm-related death and injury, and specifically in provider and patient education to prevent firearm-related harm, the University of California Firearm Violence Research Center at UC Davis is uniquely qualified to research, develop, implement, and evaluate education and training programs for medical and mental health care providers on preventing firearm-related death and injury. (Added by Stats. 2019, Ch. 728, Sec. 3. (AB 521) Effective January 1, 2020.)
  49. 14236.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. )

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    The California Firearm Violence Research Center at UC Davis must create and support education, training, outreach, materials, resources, and research on preventing firearm-related injury and death.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. ) ## 14236. (a) The California Firearm Violence Research Center at UC Davis shall develop multifaceted education and training programs for medical and mental health providers on the prevention of firearm-related injury and death. (b) The center shall develop education and training programs that address all of the following: (1) The epidemiology of firearm-related injury and death, including the scope of the problem in California and nationwide, individual and societal determinants of risk, and effective prevention strategies for all types of firearm-related injury and death, including suicide, homicide, and unintentional injury and death. (2) The role of health care providers in preventing firearm-related harm, including how to assess individual patients for risk of firearm-related injury and death. (3) Best practices for conversations about firearm ownership, access, and storage. (4) Appropriate tools for practitioner intervention with patients at risk for firearm-related injury or death, including, but not limited to, education on safer storage practices, gun violence restraining orders, and mental health interventions. (5) Relevant laws and policies related to prevention of firearm-related injury and death and to the role of health care providers in preventing firearm-related harm. (c) The center shall launch a comprehensive dissemination program to promote participation in these education and training programs among practicing physicians, mental health care professionals, physician assistants, nurse practitioners, nurses, health professional students, and other relevant professional groups in the state. (d) The center shall develop curricular materials for medical and mental health care practitioners in practice and in training, tailored to the profession and suitable for use through a variety of methods. Educators from the center shall provide didactic education in person and by remote link at medical education institutions, and recruit and train additional health professionals to provide such education. (e) The center shall develop education and training resources on firearm-related injury and death, including but not limited to, continuing medical education videos, additional training modules, a website with current information on relevant research and legislation, and handouts and written materials for clinicians to provide to patients. The center shall serve as a resource for the many professional and educational organizations in the state whose members seek to advance their knowledge of firearm-related injury and death and effective prevention measures. (f) The center shall conduct rigorous research to further identify specific gaps in knowledge and structural barriers that prevent counseling and other interventions, and to evaluate the education and training program. The center shall incorporate the research findings into the design and implementation of the program to support the mission of the center to deliver content to health care providers and patients that is effective in guiding clinical decisions and reducing firearm-related injury and death. (Amended by Stats. 2021, Ch. 253, Sec. 7. (AB 173) Effective September 23, 2021.)
  50. 14237.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. )

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    The University of California must send programmatic and financial reports about this program to the Legislature by December 31, 2020, and then every year.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. ) ## 14237. On or before December 31, 2020, and annually thereafter, the University of California shall transmit programmatic and financial reports on this program to the Legislature, including reporting on funding and expenditures by source, participation data, program accomplishments, and the future direction of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2019, Ch. 728, Sec. 3. (AB 521) Effective January 1, 2020.)
  51. 14238.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. )

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    This chapter applies to the University of California only if the Regents make its provisions applicable by resolution.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 2. Medical and Health Provider Education and Training Program [14235 - 14238] ( Chapter 2 added by Stats. 2019, Ch. 728, Sec. 3. ) ## 14238. This chapter shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university. (Added by Stats. 2019, Ch. 728, Sec. 3. (AB 521) Effective January 1, 2020.)
  52. 1424.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 15. Disqualification of Prosecuting Attorneys [1424 - 1424.5] ( Chapter 15 added by Stats. 1980, Ch. 780, Sec. 1. )

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    This section sets the procedure for motions to disqualify prosecutors, requires advance notice and supporting affidavits, and limits when such motions can be granted or renewed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5] ( Title 10 enacted 1872. ) ## CHAPTER 15. Disqualification of Prosecuting Attorneys [1424 - 1424.5] ( Chapter 15 added by Stats. 1980, Ch. 780, Sec. 1. ) ## 1424. (a) (1) Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the Attorney General at least 10 court days before the motion is heard. The notice of motion shall contain a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the moving party and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit. The district attorney or the Attorney General, or both, may file affidavits in opposition to the motion and may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The judge shall review the affidavits and determine whether or not an evidentiary hearing is necessary. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. An order recusing the district attorney from any proceeding may be reviewed by extraordinary writ or may be appealed by the district attorney or the Attorney General. The order recusing the district attorney shall be stayed pending any review authorized by this section. If the motion is brought at or before the preliminary hearing, it may not be renewed in the trial court on the basis of facts that were raised or could have been raised at the time of the original motion. (2) An appeal from an order of recusal or from a case involving a charge punishable as a felony shall be made pursuant to Chapter 1 (commencing with Section 1235) of Title 9, regardless of the court in which the order is made. An appeal from an order of recusal in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11, regardless of the court in which the order is made. (b) (1) Notice of a motion to disqualify a city attorney or city prosecutor from performing an authorized duty involving a criminal matter shall be served on the city attorney or city prosecutor and the district attorney at least 10 court days before the motion is heard. The notice of motion shall set forth a statement of the facts relevant to the claimed disqualification and the legal authorities relied on by the moving party. The district attorney may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. (2) An order recusing the city attorney or city prosecutor from a proceeding may be appealed by the city attorney or city prosecutor or the district attorney. The order recusing the city attorney or city prosecutor shall be stayed pending an appeal authorized by this section. An appeal from an order of disqualification in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11. (c) Motions to disqualify the city attorney or city prosecutor and the district attorney shall be separately made. (Amended by Stats. 2017, Ch. 299, Sec. 2. (AB 1418) Effective January 1, 2018.)
  53. 1424.5.

    ## 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 15. Disqualification of Prosecuting Attorneys [1424 - 1424.5] ( Chapter 15 added by Stats. 1980, Ch. 780, Sec. 1. )

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    Courts may find and act on bad-faith withholding of material exculpatory evidence by a prosecuting attorney, including reporting to the State Bar and disqualifying the 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 15. Disqualification of Prosecuting Attorneys [1424 - 1424.5] ( Chapter 15 added by Stats. 1980, Ch. 780, Sec. 1. ) ## 1424.5. (a) (1) Upon receiving information that a prosecuting attorney may have deliberately and intentionally withheld relevant, material exculpatory evidence or information in violation of law, a court may make a finding, supported by clear and convincing evidence, that a violation occurred. If the court finds such a violation, the court shall inform the State Bar of California of that violation if the prosecuting attorney acted in bad faith and the impact of the withholding contributed to a guilty verdict, guilty or nolo contendere plea, or, if identified before conclusion of trial, seriously limited the ability of a defendant to present a defense. (2) A court may hold a hearing to consider whether a violation occurred pursuant to paragraph (1). (b) (1) If a court finds, pursuant to subdivision (a), that a violation occurred in bad faith, the court may disqualify an individual prosecuting attorney from a case. (2) Upon a determination by a court to disqualify an individual prosecuting attorney pursuant to paragraph (1), the defendant or his or her counsel may file and serve a notice of a motion pursuant to Section 1424 to disqualify the prosecuting attorney’s office if there is sufficient evidence that other employees of the prosecuting attorney’s office knowingly and in bad faith participated in or sanctioned the intentional withholding of the relevant, material exculpatory evidence or information and that withholding is part of a pattern and practice of violations. (c) This section does not limit the authority or discretion of, or any requirement placed upon, the court or other individuals to make reports to the State Bar of California regarding the same conduct, or otherwise limit other available legal authority, requirements, remedies, or actions. (Amended by Stats. 2016, Ch. 59, Sec. 7. (SB 1474) Effective January 1, 2017.)
  54. 14240.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 3. Research by Other Institutions [14240- 14240.] ( Chapter 3 added by Stats. 2021, Ch. 253, Sec. 8. )

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    The Department of Justice must set up procedures for providing certain individual-related materials for firearm-violence research, and it may share the information with qualified nonprofit research institutions under stated conditions.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.2. California Firearm Violence Research Act [14230 - 14240] ( Title 12.2 added by Stats. 2016, Ch. 24, Sec. 30. ) ## CHAPTER 3. Research by Other Institutions [14240- 14240.] ( Chapter 3 added by Stats. 2021, Ch. 253, Sec. 8. ) ## 14240. (a) The Department of Justice shall establish procedures to implement subdivision (t) of Section 1798.24 of the Civil Code to provide materials relating to individuals for research related to firearm violence. These procedures shall include, but not be limited to, requests for data and timely review of requests. At the department’s discretion, the information may be provided to any nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation for the purpose of studying the prevention of violence, following approval by the institution’s governing institutional review board or human subjects committee, when required. (b) Material identifying individuals shall only be provided for research or statistical activities and shall not be revealed or used for purposes other than research or statistical activities. Reports or publications derived therefrom shall not identify specific individuals. Reasonable costs to the department associated with the department’s processing of the data may be billed to the researcher. If a request for data or letter of support for research using the data is denied, the department shall provide a written statement of the specific reasons for the denial. (Added by Stats. 2021, Ch. 253, Sec. 8. (AB 173) Effective September 23, 2021.)
  55. 14245.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.3. GUN VIOLENCE PREVENTION [14245- 14245.] ( Title 12.3 added by Stats. 2024, Ch. 529, Sec. 1. )

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    This section creates the Office of Gun Violence Prevention in the Department of Justice and requires it to advise the Attorney General, coordinate with stakeholders, and produce a public report.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.3. GUN VIOLENCE PREVENTION [14245- 14245.] ( Title 12.3 added by Stats. 2024, Ch. 529, Sec. 1. ) ## 14245. (a) There is hereby established within the Department of Justice the Office of Gun Violence Prevention. (b) The office shall advise the Attorney General on gun violence prevention-related matters, serve as a liaison to gun violence prevention stakeholders, and support the implementation, coordination, and effectiveness of gun violence prevention laws and programs through activities, including those described in paragraph (5) of subdivision (c) of Section 36005 of the Revenue and Taxation Code and through data and policy reports that highlight best practices, identify policy gaps and barriers to success, and make recommendations to the Legislature and other stakeholders about strategies, policies, and priorities for preventing gun violence. (c) On or before July 1, 2026, the office shall issue a public report outlining the new legislation, improvements to statutory implementation, and increased programmatic funding necessary to achieve sustained reductions in gun violence in California. (d) In the process of preparing the report, the office shall solicit input from recognized outside experts and stakeholders, including, but not limited to, local and state elected officials, law enforcement, gun violence prevention advocates, and academic researchers. The report shall include all of the following: (1) Ascertaining gaps in firearm tracing systems and making recommendations to alleviate them. (2) Making recommendations to implement and improve permitting and licensing and registration frameworks to limit unsafe firearm access. (3) Examining and proposing policies to curb or eliminate irresponsible firearm industry practices, including in the distribution, retail sale, inventory, and marketing of firearms. (4) Identifying gaps and barriers to success, and highlighting and proposing strategies to replicate best practices. (5) Evaluating and identifying coordination and strategic planning across different state and local agencies. (6) Best practice recommendations for improving implementation and coordination in court, law enforcement, health care, and crime victim system responses to gun violence. (7) A five-year strategic plan for reducing gun violence in California. (e) Within 60 days of completing the report, the office shall make the report publicly available and transmit copies to the Governor’s office and the public safety committees of both houses of the Legislature. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 529, Sec. 1. (AB 1252) Effective January 1, 2025.)
  56. 14250.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.5. DNA [14250 - 14251] ( Title 12.5 added by Stats. 2000, Ch. 822, Sec. 2. )

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    The Department of Justice must maintain a DNA database for unidentified deceased persons and high-risk missing persons, and related agencies must collect, test, protect, and share samples only under the section’s limits.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.5. DNA [14250 - 14251] ( Title 12.5 added by Stats. 2000, Ch. 822, Sec. 2. ) ## 14250. (a) (1) The Department of Justice shall develop a DNA database for all cases involving the report of an unidentified deceased person or a high-risk missing person. (2) The database required in paragraph (1) shall be comprised of DNA data from genetic markers that are appropriate for human identification, but have no capability to predict biological function other than gender. These markers shall be selected by the department and may change as the technology for DNA typing progresses. The results of DNA typing shall be compatible with and uploaded into the CODIS DNA database established by the Federal Bureau of Investigation. The sole purpose of this database shall be to identify missing persons and shall be kept separate from the database established under Chapter 6 (commencing with Section 295) of Title 9 of Part 1. (3) The Department of Justice shall compare DNA samples taken from the remains of unidentified deceased persons with DNA samples taken from personal articles belonging to the missing person, or from the parents or appropriate relatives of high-risk missing persons. (4) For the purpose of this database, “high-risk missing person” means a person missing as a result of a stranger abduction, a person missing under suspicious circumstances, a person missing under unknown circumstances, or where there is reason to assume that the person is in danger, or deceased, and that person has been missing more than 30 days, or less than 30 days in the discretion of the investigating agency. (b) The department shall develop standards and guidelines for the preservation and storage of DNA samples. Any agency that is required to collect samples from unidentified remains for DNA testing shall follow these standards and guidelines. These guidelines shall address all scientific methods used for the identification of remains, including DNA, anthropology, odontology, and fingerprints. (c) (1) A coroner shall collect samples for DNA testing from the remains of all unidentified persons and shall send those samples to the Department of Justice for DNA testing and inclusion in the DNA databank. After the department has taken a sample from the remains for DNA analysis and completed all DNA testing, the remaining evidence shall be returned to the appropriate local coroner. (2) After a report has been made of a person missing under high-risk circumstances, the responsible investigating law enforcement agency shall inform the parents or other appropriate relatives that they may give a voluntary sample for DNA testing or may collect a DNA sample from a personal article belonging to the missing person if available. The samples shall be taken by the appropriate law enforcement agency in a manner prescribed by the Department of Justice. The responsible investigating law enforcement agency shall wait no longer than 30 days after a report has been made to inform the parents or other relatives of their right to give a sample. (3) The Department of Justice shall develop a standard release form that authorizes a mother, father, or other relative to voluntarily provide the sample. The release shall explain that DNA is to be used only for the purpose of identifying the missing person and that the DNA sample and profile will be destroyed upon request. No incentive or coercion shall be used to compel a parent or relative to provide a sample. (4) The Department of Justice shall develop a model kit that law enforcement shall use when taking samples from parents and relatives. (5) Before submitting the sample to the department for analysis, law enforcement shall reverify the status of the missing person. After 30 days has elapsed from the date the report was filed, law enforcement shall send the sample to the department for DNA testing and inclusion in the DNA database, with a copy of the crime report, and any supplemental information. (6) All retained samples and DNA extracted from a living person, and profiles developed therefrom, shall be used solely for the purpose of identification of the deceased’s remains. All samples and DNA extracted from a living person, and profiles developed therefrom, shall be destroyed after a positive identification with the deceased’s remains is made and a report is issued, unless any of the following has occurred: (A) The coroner has made a report to a law enforcement agency pursuant to Section 27491.1 of the Government Code, that he or she has a reasonable ground to suspect that the identified person’s death has been occasioned by another by criminal means. (B) A law enforcement agency makes a determination that the identified person’s death has been occasioned by another by criminal means. (C) The evidence is needed in an active criminal investigation to determine whether the identified person’s death has been occasioned by another by criminal means. (D) A governmental entity is required to retain the material pursuant to Section 1417.9. (7) Notwithstanding any other provisions of this section, upon the request of any living person who submits his or her DNA sample and profile pursuant to this section, including the parent or guardian of a child who submits a DNA sample of the child, the DNA sample shall be removed from the DNA database. (d) All DNA samples and profiles developed therefrom shall be confidential and shall only be disclosed to personnel of the Department of Justice, law enforcement officers, coroners, medical examiners, district attorneys, and persons who need access to a DNA sample for purposes of the prosecution or defense of a criminal case, except that a law enforcement officer or agency may publicly disclose the fact of a DNA profile match after taking reasonable measures to first notify the family of an unidentified deceased person or the family of a high-risk missing person that there has been an identification. (e) All DNA, forensic identification profiles, and other identification information retained by the Department of Justice pursuant to this section are exempt from any law requiring disclosure of information to the public. (f) (1) Any person who knowingly discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency, or for any purpose other than for identification or for use in a criminal investigation, prosecution, or defense, is guilty of a misdemeanor. (2) A person who collects, processes, or stores DNA or DNA samples from a living person that are used for DNA testing pursuant to this section who does either of the following is liable in civil damages to the donor of the DNA in the amount of five thousand dollars ($5,000) for each violation, plus attorney’s fees and costs: (A) Fails to destroy samples or DNA extracted from a living person pursuant to paragraph (6) of subdivision (c). (B) Discloses DNA samples in violation of subdivision (d). (g) (1) If a disclosure or failure to destroy samples described in paragraph (2) of subdivision (f) is made by an employee of the Department of Justice, the department shall be liable for those actions of its employee. (2) Notwithstanding any other law, the remedy in this section shall be the sole and exclusive remedy against the department and its employees available to the donor of the DNA against the department and its employees. (3) The department employee disclosing DNA or other forensic identification information or otherwise violating this section shall be absolutely immune from civil liability under this or any other law. (h) It is not an unauthorized disclosure or violation of this section to release DNA and other forensic identification information as part of a judicial or administrative proceeding, to a jury or grand jury, or in a document filed with a court or administrative agency, or for this information to become part of the public transcript or record of proceedings. (i) In order to maintain computer system security, the computer software and database structures used by the DNA laboratory of the Department of Justice to implement this chapter are confidential. (Amended by Stats. 2009, Ch. 228, Sec. 1. (AB 275) Effective October 11, 2009.)
  57. 14251.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.5. DNA [14250 - 14251] ( Title 12.5 added by Stats. 2000, Ch. 822, Sec. 2. )

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    This section funds the Missing Persons DNA Database with a $2 fee increase on certain death certificates and gives agencies and the department limited authority over the funds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 12.5. DNA [14250 - 14251] ( Title 12.5 added by Stats. 2000, Ch. 822, Sec. 2. ) ## 14251. (a) The “Missing Persons DNA Database” shall be funded by a two dollar ($2) fee increase on death certificates issued by a local governmental agency or by the State of California. The issuing agencies may retain up to 5 percent of the funds from the fee increase for administrative costs. (b) Funds shall be directed on a quarterly basis to the “Missing Persons DNA Data Base Fund,” hereby established, to be administered by the department for establishing and maintaining laboratory infrastructure, DNA sample storage, DNA analysis, and labor costs for cases of missing persons and unidentified remains. Funds may also be distributed by the department to various counties for the purposes of pathology and exhumation consistent with this title. The department may also use those funds to publicize the database for the purpose of contacting parents and relatives so that they may provide a DNA sample for training law enforcement officials about the database and DNA sampling and for outreach. (c) The identification of any backlog of human remain samples or samples donated by a family member or from a personal article belonging to the missing person may be outsourced to other laboratories at the department’s discretion. (d) (1) The Department of Justice shall retain the authority to prioritize case analysis, giving priority to those cases involving children and those involving homicide victims. (2) If federal funding is made available, it shall be used to assist in the identification of the backlog of high-risk missing person cases and long-term unidentified remains. (Amended by Stats. 2009, Ch. 228, Sec. 2. (AB 275) Effective October 11, 2009.)
  58. 1427.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A judge must issue an arrest warrant in qualifying misdemeanor or infraction cases if the stated conditions are met; if the offense was committed by a corporation, the judge must issue a summons instead.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1427. (a) When a complaint is presented to a judge in a misdemeanor or infraction case appearing to be triable in the judge’s court, the judge must, if satisfied therefrom that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, issue a warrant, for the arrest of the defendant. (b) Such warrant of arrest and proceedings upon it shall be in conformity to the provisions of this code regarding warrants of arrest, and it may be in the following form: County of ____ The people of the State of California, to any peace officer in this state: Complaint upon oath having been this day made before me that the offense of ____ (designating it generally) has been committed and accusing ____ (name of defendant) thereof you are therefore commanded forthwith to arrest the above-named defendant and bring the defendant forthwith before the ____ Court of ____ (stating full title of court) at ____ (naming place). Witness my hand and the seal of said court this ____ day of ____, 19__. _____ (Signed). _____ _____ Judge of said court _____ If it appears that the offense complained of has been committed by a corporation, no warrant of arrest shall issue, but the judge must issue a summons substantially in the form prescribed in Section 1391. Such summons must be served at the time and in the manner designated in Section 1392 except that if the offense complained of is a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, such summons may be served by deposit by the clerk of the court in the United States mail of an envelope enclosing the summons, which envelope shall be addressed to a person authorized to accept service of legal process on behalf of the defendant, and which envelope shall be mailed by registered mail or certified mail with a return receipt requested. Promptly upon such mailing, the clerk of the court shall execute a certificate of such mailing and place it in the file of the court for that case. At the time stated in the summons the corporation may appear by counsel and answer the complaint, except that in the case of misdemeanors arising from operation of motor vehicles, or of infractions arising from operation of motor vehicles, a corporation may appear by its president, vice president, secretary or managing agent for the purpose of entering a plea of guilty. If it does not appear, a plea of not guilty shall be entered, and the same proceedings had therein as in other cases. (Amended by Stats. 1998, Ch. 931, Sec. 409. Effective September 28, 1998.)
  59. 1428.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    In misdemeanor and infraction cases, the superior court clerk may keep a docket instead of certain other court records, and must record case titles and proceedings in it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1428. In misdemeanor and infraction cases, the clerk of the superior court may keep a docket, instead of minutes pursuant to Section 69844 of the Government Code and a register of actions pursuant to Section 69845 or 69845.5 of the Government Code. In the docket, the clerk shall enter the title of each criminal action or proceeding and under each title all the orders and proceedings in such action or proceeding. Wherever by any other section of this code made applicable to such court an entry of any judgment, order or other proceeding in the minutes or register of actions is required, an entry thereof in the docket shall be made and shall be deemed a sufficient entry in the minutes or register of actions for all purposes. (Amended by Stats. 2002, Ch. 784, Sec. 553. Effective January 1, 2003.)
  60. 1428.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Courts may hold remote proceedings for infractions, but they must get the defendant’s consent and may still require a witness or party to appear in person.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1428.5. (a) Notwithstanding any other law, courts may conduct proceedings, including arraignments and trials, remotely for all infractions. (1) Courts shall obtain the defendant’s consent to conduct proceedings remotely. (2) The court may require the physical presence of any witness or party in court for a particular proceeding. (3) This subdivision does not apply to misdemeanor or felony proceedings. (b) Remote proceedings include use of technology for remote appearances. (c) The Judicial Council may adopt rules of court to implement this section. (Added by Stats. 2021, Ch. 79, Sec. 35. (AB 143) Effective July 16, 2021.)
  61. 1429.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    In a misdemeanor case, the defendant or the defendant’s counsel may enter the plea. If the defendant pleads guilty, the court may examine witnesses before the plea is entered or judgment is pronounced, and may require bail or commitment if a higher offense appears to have been committed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1429. In a misdemeanor case the plea of the defendant may be made by the defendant or by the defendant’s counsel. If such defendant pleads guilty, the court may, before entering such plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed; and if it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment which may be found against the defendant by the grand jury, or any complaint which may be filed charging the defendant with such higher offense. (Amended by Stats. 1998, Ch. 931, Sec. 411. Effective September 28, 1998.)
  62. 14300.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 1. General Provisions [14300 - 14303] ( Chapter 1 added by Stats. 1992, Ch. 743, Sec. 3. )

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    This section says the Legislature finds environmental law enforcement is important, defines key terms for the title, and states the title may be cited as the Environmental Enforcement and Training Act of 2002.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 1. General Provisions [14300 - 14303] ( Chapter 1 added by Stats. 1992, Ch. 743, Sec. 3. ) ## 14300. (a) The Legislature finds and declares all of the following: (1) The enforcement of California’s environmental laws is essential to protect human health, the environment, and the state’s economy. (2) Fair and uniform enforcement of laws and regulations governing the environment benefits law abiding businesses, firms, and individuals. (3) There is a need to better integrate enforcement of environmental laws into California’s established criminal justice system. (4) Local and state enforcement agencies can play an increasingly important role in protecting human health, the environment, and the state’s economy through greater involvement in the enforcement of environmental laws. (5) Community-based organizations play a critical role in ensuring that disadvantaged communities, low-income residents, and other populations that are disproportionately burdened by pollution receive the benefit of enforcement of the state’s environmental laws and therefore need access to training and resources. (6) Enforcing environmental laws often requires special training to detect violations, understand complex laws, and prepare and present complicated enforcement cases. (7) There is a need to support programs that assist local and state enforcement officials in enforcing environmental laws through the training of peace officers, investigators, firefighters, public prosecutors, city and county counsel, and state and local environmental regulators. (8) Fair and uniform enforcement of environmental laws is multidisciplinary and involves law enforcement, fire departments, state and local environmental regulators, the offices of local and state public prosecutors, community-based and nonprofit organizations, and law schools. (b) For purposes of this title, the following definitions shall apply: (1) “Account” means the Environmental Enforcement and Training Account created pursuant to Section 14303. (2) “Commission” means the Commission on Peace Officer Standards and Training. (3) “Community-based organization” means an organization that engages directly and regularly with residents of identified communities or neighborhoods or that works to enforce environmental laws on behalf of disadvantaged communities, low-income residents, and other populations that are disproportionately burdened by pollution. (4) “Agency” means the California Environmental Protection Agency. (5) “Secretary” means the Agency Secretary for the California Environmental Protection Agency or their designee. (6) “Environmental laws” means local, state, and federal environmental laws and regulations that impact public health and the environment, including, but not limited to, those that regulate toxic and carcinogenic materials, water quality, air quality, climate change, waste management, pesticides, noise, vibration, odors, and wildlife resources. (7) “Public prosecutor” means district attorneys, city attorneys, city prosecutors, county counsels, and the Attorney General and their deputies. (8) “Environmental regulator” means an employee of any state or local agency whose jurisdiction includes implementation, enforcement, or both implementation and enforcement of environmental laws. (9) “Environmental enforcement” means the enforcement of environmental laws. (c) This title shall be known and may be cited as the Environmental Enforcement and Training Act of 2002. (d) It is the intent of the Legislature that the funds to implement this title, as specified in Section 14314, come from public and private contributions, from the proceeds of property seized and forfeited as set forth in Section 11489 of the Health and Safety Code, and from the proceeds from any contributed state or federal court judgments, and that no funds be expended from the General Fund, other than from the Environmental Enforcement and Training Account, or other funds appropriated to, or authorized for expenditure by, the agency, to implement this title. It is the intent of the Legislature that the funds to implement this title shall be expended only from the account. It is the intent of the Legislature that funding provided from the account shall supplement, not supplant existing funding. (Amended by Stats. 2021, Ch. 83, Sec. 5. (SB 157) Effective July 16, 2021.)
  63. 14301.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 1. General Provisions [14300 - 14303] ( Chapter 1 added by Stats. 1992, Ch. 743, Sec. 3. )

    Verify source ↗

    The secretary must issue regulations, seek proposals, allocate and award funds, and post award notices and grantee reports; the commission must be consulted before some peace officer training funds are allocated.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 1. General Provisions [14300 - 14303] ( Chapter 1 added by Stats. 1992, Ch. 743, Sec. 3. ) ## 14301. (a) There is hereby established in the agency, a program of financial assistance to do all of the following: (1) Provide for statewide education and training programs in the enforcement of environmental laws for peace officers, investigators, state and local environmental regulators, public prosecutors, and community-based organizations. (2) Establish enhanced local environmental enforcement efforts. (3) Provide that disadvantaged communities, low-income residents, and other populations that are disproportionately burdened by pollution receive the benefit of enforcement of local, state, and federal environmental laws. (4) All funds made available to the agency for the purposes of this title shall be administered and distributed by the secretary. (b) Not later than 12 months after the date when this title may be implemented, as specified in Section 14314, the secretary shall prepare and issue regulations, which shall, at a minimum, describe how grants are to be allocated or awarded pursuant to this title, the procedures for applying for these grants, the criteria to be used in determining which applications will be funded, and the administrative and fiscal requirements governing the receipt and expenditure of these grants. (c) The secretary shall periodically, and at least annually, subject to a sufficient balance in the Environmental Enforcement and Training Account, issue requests for proposals for the allocation and award of funds to public agencies or private nonprofit organizations, except for the California District Attorneys Association, for purposes of supporting environmental enforcement education and training programs for staff of community-based nonprofit organizations, peace officers, investigators, state and local environmental regulators, and public prosecutors pursuant to Chapter 2 (commencing with Section 14304) and Chapter 3 (commencing with Section 14306), which meet the criteria established pursuant to those chapters, and staff of community-based nonprofit organizations. To ensure that these programs are coordinated with existing peace officer training, the commission shall be consulted prior to the allocation of funds to peace officer education and training programs. The environmental enforcement education and training programs will be made available to staff of qualifying community-based nonprofit organizations on a no-cost basis. (d) The secretary shall allocate and award funds to support the Environmental Circuit Prosecutor Grant Program pursuant to Chapter 4 (commencing with Section 14309) for the purpose of improving enforcement of environmental laws by enhancing the investigation and prosecution of violations of those laws. (e) The secretary shall post notices of awards issued and grantee reports received on a designated public internet webpage. (Amended by Stats. 2021, Ch. 83, Sec. 6. (SB 157) Effective July 16, 2021.)
  64. 14303.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 1. General Provisions [14300 - 14303] ( Chapter 1 added by Stats. 1992, Ch. 743, Sec. 3. )

    Verify source ↗

    The section creates the Environmental Enforcement and Training Account and sets rules for contributions, deposits, spending, transfers, and reallocation of certain funds.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 1. General Provisions [14300 - 14303] ( Chapter 1 added by Stats. 1992, Ch. 743, Sec. 3. ) ## 14303. (a) There is hereby created, in the General Fund, the Environmental Enforcement and Training Account and up to two million dollars ($2,000,000) in the account may be expended annually by the agency, upon appropriation by the Legislature, for the purposes of this title. (b) The agency may accept and receive any contribution of funds from a public or private organization or an individual, including the proceeds from a judgment in state or federal court, when the funds are contributed or the judgment specifies that the proceeds are to be used to carry out the purposes of this title. Private contributors shall not have the authority to further influence or direct the use of their contributions. (c) The agency shall immediately deposit any funds contributed pursuant to subdivision (b) in the account. (d) As of January 1, 2003, all unallocated funds in the Hazardous Materials Enforcement and Training Account created pursuant to Chapter 743 of the Statutes of 1992 that derive from court judgments specifying that the funds may be used only for purposes of this title shall be transferred to the Environmental Enforcement and Training Account. (e) (1) Any funds that are appropriated by the Legislature pursuant to subdivision (a), allocated pursuant to Section 14314, and declined by the commission, shall be reallocated by the secretary as described in Section 14314. (2) This subdivision applies to funds that are appropriated for the 2011–12 fiscal year and each fiscal year thereafter. (Amended by Stats. 2011, Ch. 304, Sec. 12. (SB 428) Effective January 1, 2012.)
  65. 14304.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 2. Peace Officer Environmental Enforcement Training [14304- 14304.] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1000, Sec. 6. )

    Verify source ↗

    The commission must develop, review, and certify training courses for local and state peace officers on environmental law enforcement.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 2. Peace Officer Environmental Enforcement Training [14304- 14304.] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1000, Sec. 6. ) ## 14304. (a) The commission shall develop or review and certify, not later than 12 months after the date when this title may be implemented, as specified in Section 14314, a course or courses of instruction for training local and state peace officers in the detection of violations, and in the apprehension of suspected violators, of state and local environmental laws. (b) The course or courses of instruction shall, at a minimum, include training on all of the following: (1) Understanding environmental laws. (2) Detecting violations of environmental laws. (3) Knowing steps to take when violations are discovered in order to protect public health and facilitate prosecution of violators. (Amended by Stats. 2002, Ch. 1000, Sec. 7. Effective January 1, 2003.)
  66. 14306.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 3. Environmental Training And Enforcement [14306 - 14308] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 1000, Sec. 8. )

    Verify source ↗

    The secretary must fund qualified grantees to develop and implement environmental-law training courses, and must not fund or contract with the California District Attorneys Association for that purpose.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 3. Environmental Training And Enforcement [14306 - 14308] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 1000, Sec. 8. ) ## 14306. (a) The secretary shall provide funding to qualified grantees to develop and implement, not later than 12 months after the receipt of funds, a course or courses of instruction for the training of staff of community-based nonprofit organizations, public prosecutors, or staff of community-based nonprofit organizations and public prosecutors in the enforcement of state and local environmental laws. (b) The course or courses of instruction shall, at a minimum, do one or more of the following: (1) Provide an understanding of the requirements of environmental laws. (2) Teach prosecution techniques that will facilitate prosecution of environmental law violations. (c) The secretary shall not award a grant to, or enter into a contract with, the California District Attorneys Association for development and implementation of courses of instruction pursuant to this section. (Amended by Stats. 2022, Ch. 58, Sec. 32. (AB 200) Effective June 30, 2022.)
  67. 14307.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 3. Environmental Training And Enforcement [14306 - 14308] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 1000, Sec. 8. )

    Verify source ↗

    The secretary must fund qualified grantees to develop and implement environmental training courses, and may not award a grant or contract to the California District Attorneys Association for that purpose.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 3. Environmental Training And Enforcement [14306 - 14308] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 1000, Sec. 8. ) ## 14307. (a) The secretary shall provide funding to qualified grantees to develop and implement, not later than 12 months after the receipt of funds, a course or courses of instruction for the training of staff of community-based nonprofit organizations, or public prosecutors, fire departments, and state and local environmental regulators, or staff of community-based nonprofit organizations, public prosecutors, fire departments, and state and local environmental regulators. (b) With the concurrence of the commission, peace officers may participate in the course or courses of training. (c) The course or courses of instruction shall, at a minimum, do all of the following: (1) Provide an understanding of the requirements of environmental laws. (2) Teach enforcement investigative techniques that will facilitate the prosecution of environmental law violations. (3) Provide environmental enforcement training materials. (d) The secretary shall not award a grant to, or enter into a contract with, the California District Attorneys Association for development and implementation of courses of instruction pursuant to this section. (Amended by Stats. 2022, Ch. 58, Sec. 33. (AB 200) Effective June 30, 2022.)
  68. 14308.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 3. Environmental Training And Enforcement [14306 - 14308] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 1000, Sec. 8. )

    Verify source ↗

    The secretary may award grants and local assistance grants for environmental law training and enforcement, and may let local environmental regulators subgrant funding to nonprofit organizations.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 3. Environmental Training And Enforcement [14306 - 14308] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 1000, Sec. 8. ) ## 14308. (a) The secretary may award grants to public and private entities for training public prosecutors, peace officers, firefighters, community-based nonprofit organizations, and state or local environmental regulators in the investigation and enforcement of environmental laws. (b) The secretary may award local assistance grants as follows for the enforcement of environmental laws: (1) To local environmental regulators. (2) To community-based nonprofit organizations. (3) To local environmental regulators jointly with community-based nonprofit organizations. (c) The secretary may allow local environmental regulators to subgrant funding to community-based nonprofit organizations. (d) Grant funding awarded to community-based nonprofit organizations either directly by the secretary or through a subgrant pursuant to this section may be used to address environmental violations that occur in or disproportionately impact disadvantaged communities, to support the inclusion of residents of disadvantaged communities in environmental enforcement efforts, for the identification and investigation of environmental violations, and for the development and litigation of environmental enforcement cases. (Amended by Stats. 2022, Ch. 58, Sec. 34. (AB 200) Effective June 30, 2022.)
  69. 14309.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 4. Environmental Circuit Prosecutor Project [14309- 14309.] ( Chapter 4 repealed and added by Stats. 2002, Ch. 1000, Sec. 13. )

    Verify source ↗

    This section creates the Environmental Circuit Prosecutor Grant Program and limits how its funds and participating prosecutors may be used.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 4. Environmental Circuit Prosecutor Project [14309- 14309.] ( Chapter 4 repealed and added by Stats. 2002, Ch. 1000, Sec. 13. ) ## 14309. (a) The Environmental Circuit Prosecutor Grant Program is hereby established within the California Environmental Protection Agency. (b) The Environmental Circuit Prosecutor Grant Program shall have the following purposes: (1) Discourage the commission of violations of environmental laws by demonstrating the effective response of the criminal justice system to these violations, including, but not limited to, assisting district attorneys, particularly in rural counties, in the prosecution of criminal violations of environmental laws and regulations, where a district attorney has requested assistance. (2) Establish model environmental crime prevention, enforcement, and prosecution techniques with statewide application for fair, uniform, and effective application. (3) Increase the awareness and effectiveness of efforts to enforce environmental laws and to better integrate environmental prosecution into California’s established criminal justice system by providing on the job education and training to local peace officers and prosecutors and to local and state environmental regulators. (4) Promote, through uniform and effective prosecution and local assistance, the effective enforcement of environmental laws and regulations. (c) (1) The award of funds pursuant to this section may only be used to fund the costs of prosecutors, investigators, and research attorney staff, including salary, benefits, and expenses. The prosecutors, investigators, and research attorney staff may be either employees of a private nonprofit organization composed of local prosecutors, other than the California District Attorneys Association, or employees from local, state, or federal governmental agencies. (2) The agency shall not award a grant to, or enter into a contract with, the California District Attorneys Association for the purpose of operating the Environmental Circuit Prosecutor Grant Program. (d) (1) A district attorney may request funding from the Environmental Circuit Prosecutor Grant Program to fund a prosecutor, investigator, or research attorney who would be available in that county or another county for any of the following purposes: (A) Assistance with the investigation and development of environmental cases. (B) Consultation concerning whether an environmental case merits filing. (C) Litigation support, including, but not limited to, the actual prosecution of the case. A district attorney shall, as appropriate, deputize a circuit prosecutor to prosecute cases within their jurisdiction. (2) The authority of a deputized circuit prosecutor shall be consistent with and shall not exceed the authority of the elected district attorney or their deputies. (3) Violations of city or county ordinances may be prosecuted by circuit prosecutors when there is an environmental nexus between the ordinance and a violation of state law, federal law, or both state and federal law. (4) Participating district attorney offices shall provide matching funds or in-kind contributions equivalent to, but not less than, 20 percent of the expense of the deputized environmental circuit prosecutor. (Amended by Stats. 2021, Ch. 83, Sec. 9. (SB 157) Effective July 16, 2021.)
  70. 14314.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 5. Implementation and Funding Priorities [14314 - 14315] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 2002, Ch. 1000, Sec. 15. )

    Verify source ↗

    The agency may not implement this title until there is $100,000 in the account.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 5. Implementation and Funding Priorities [14314 - 14315] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 2002, Ch. 1000, Sec. 15. ) ## 14314. Notwithstanding any other provision of this title, the agency shall not implement this title until there is an amount of one hundred thousand dollars ($100,000) in the account. Funds in the account shall be divided as follows: (a) Twenty-five percent or one hundred thousand dollars ($100,000) to the commission, whichever is less. The commission may decline all or part of the funds allocated to it pursuant to this subdivision. Any funds so declined shall be reallocated by the secretary to any of the entities listed in subdivisions (b), (c), and (d) for the training of peace officers consistent with this title. (b) (1) The balance to the secretary for grants awarded to programs pursuant to Chapter 3 (commencing with Section 14306) or Chapter 4 (commencing with Section 14309) based on need or in order to sustain the current level of presence and enforcement for those programs. (2) Notwithstanding paragraph (1), the commission may also seek additional funding from the money allocated in this subdivision based on need if the environmental law enforcement training is mandated or if there are substantial changes in the law that require the commission to revise its environmental law courses. (c) The secretary shall develop an application process for awarding funds to programs pursuant to subdivision (b). (d) The agency shall not award grants to, or enter into a contract with, the California District Attorneys Association for funding pursuant to this title. (Amended by Stats. 2021, Ch. 83, Sec. 10. (SB 157) Effective July 16, 2021.)
  71. 14315.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 5. Implementation and Funding Priorities [14314 - 14315] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 2002, Ch. 1000, Sec. 15. )

    Verify source ↗

    The secretary must post a description of the funded training and enforcement programs on the agency’s website within 36 months after implementation, and update it by July 1 each year. The commission must prepare part of the report and send it to the secretary.

    ## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS [14300 - 14315] ( Heading of Title 13 amended by Stats. 2002, Ch. 1000, Sec. 2. ) ## CHAPTER 5. Implementation and Funding Priorities [14314 - 14315] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 2002, Ch. 1000, Sec. 15. ) ## 14315. Not later than 36 months after the date when this title may be implemented, as specified in Section 14314, the secretary shall post on the agency’s Web site, updated no later than July 1, annually, a description of the operation and accomplishments of the training programs and the environmental enforcement and prosecution projects funded by this title. The commission shall prepare the section of the report pertaining to the course of instruction authorized in Section 14304 and submit it to the secretary for inclusion in the report. (Amended by Stats. 2004, Ch. 644, Sec. 27. Effective January 1, 2005.)
  72. 1445.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

    Verify source ↗

    When a defendant pleads guilty or is convicted, the court must enter judgment for a fine, imprisonment, or both.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1445. When the defendant pleads guilty, or is convicted, either by the court, or by a jury, the court shall render judgment thereon of fine or imprisonment, or both, as the case may be. (Amended by Stats. 1989, Ch. 1360, Sec. 117.)
  73. 1447.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

    Verify source ↗

    If a defendant is acquitted in a misdemeanor or infraction case and the court finds the prosecution was malicious and without probable cause, the court may order the complainant to pay the costs or provide an undertaking to pay them within 30 days after trial.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1447. When the defendant is acquitted in a misdemeanor or infraction case, if the court certifies in the minutes that the prosecution was malicious and without probable cause, the court may order the complainant to pay the costs of the action, or to give an undertaking to pay the costs within 30 days after the trial. (Amended by Stats. 1998, Ch. 931, Sec. 413. Effective September 28, 1998.)
  74. 1448.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

    Verify source ↗

    If the complainant does not pay the costs or provide an undertaking, the court may enter judgment against the complainant for the amount of the costs.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1448. If the complainant does not pay the costs, or give an undertaking therefor, the court may enter judgment against the complainant for the amount of the costs, which may be enforced in the manner provided for enforcement of money judgments generally. (Amended by Stats. 1983, Ch. 18, Sec. 25. Effective April 21, 1983.)
  75. 1449.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

    Verify source ↗

    In misdemeanor or infraction cases, the court must set judgment time within 6 hours to 5 days after guilt is found, unless the defendant waives postponement.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1449. In a misdemeanor or infraction case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment which shall be not less than six hours, nor more than five days, after the verdict or plea of guilty, unless the defendant waives the postponement. The court may extend the time for not more than 10 days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment. The court also may extend the time for not more than 20 judicial days if probation is considered. Upon request of the defendant or the probation officer, that time may be further extended for not more than 90 additional days. In case of postponement, the court may hold the defendant to bail to appear for judgment. If, in the opinion of the court there is a reasonable ground for believing a defendant insane, the court may extend the time of pronouncing judgment and may commit the defendant to custody until the question of insanity has been heard and determined. If the defendant is a veteran who was discharged from service for mental disability, upon his or her request, his or her case shall be referred to the probation officer, who shall secure a military medical history of the defendant and present it to the court together with a recommendation for or against probation. (Amended by Stats. 1998, Ch. 931, Sec. 414. Effective September 28, 1998.)
  76. 145.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    A public officer or other person who arrests someone on a criminal charge must not willfully delay taking that person before a magistrate for examination; doing so is 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 145. Every public officer or other person, having arrested any person upon a criminal charge, who willfully delays to take such person before a magistrate having jurisdiction, to take his examination, is guilty of a misdemeanor. (Enacted 1872.)
  77. 145.5.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

    Verify source ↗

    California state agencies, local governments, certain employees, the California National Guard, and local law enforcement are prohibited from knowingly helping federal forces detain, prosecute, or investigate people in California when that help would violate constitutional or state law limits.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 145.5. (a) (1) Subject to paragraph (2), notwithstanding any law to the contrary, no agency of the State of California, no political subdivision of this state, no employee of an agency, or a political subdivision, of this state acting in his or her official capacity, and no member of the California National Guard on official state duty shall knowingly aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of a person within California pursuant to (A) Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA), (B) the federal law known as the Authorization for Use of Military Force (Public Law 107-40), enacted in 2001, or (C) any other federal law, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. (2) Paragraph (1) does not apply to participation by state or local law enforcement or the California National Guard in a joint task force, partnership, or other similar cooperative agreement with federal law enforcement if that joint task force, partnership, or similar cooperative agreement is not for the purpose of investigating, prosecuting, or detaining any person pursuant to (A) Sections 1021 and 1022 of the NDAA, (B) the federal law known as the Authorization for Use of Military Force (Public Law 107-40), enacted in 2001, or (C) any other federal law, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. (b) It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. Notwithstanding any other law, no local law enforcement agency or local or municipal government, or the employee of that agency or government acting in his or her official capacity, shall knowingly use state funds or funds allocated by the state to local entities on or after January 1, 2013, in whole or in part, to engage in any activity that aids an agency of the armed forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force (Public Law 107-40), enacted in 2001, if that activity would violate the United States Constitution, the California Constitution, or any law of this state. (Amended by Stats. 2014, Ch. 71, Sec. 116. (SB 1304) Effective January 1, 2015.)
  78. 1457.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    After the fine is paid, the officer must release the defendant unless the defendant is being held for another legal reason, and must send the fine to the court that entered the judgment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1457. Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and pay over the fine to the court which rendered the judgment. (Amended by Stats. 1949, Ch. 1517. Note: The condition in Sec. 5 of Ch. 1517 was satisfied by adoption of Prop. 3 on Nov. 7, 1950.)
  79. 1458.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    In misdemeanor or infraction cases, the defendant may be admitted to bail after arrest and before conviction.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1458. The provisions of this code relative to bail are applicable to bail in misdemeanor or infraction cases. The defendant, at any time after arrest and before conviction, may be admitted to bail. The undertaking of bail in such a case shall be in substantially the following form: A complaint having been filed on the ____ day of ____, 19__, in the ____ Court of ____ County of ____ (stating title and location of court) charging ____ (naming defendant) as defendant with the crime of ____ (designating it generally) and the defendant having been admitted to bail in the sum of ____ dollars ($____) (stating amount); We, ____ and ____, of ____ (stating their places of residence and occupation), hereby undertake that the above-named defendant will appear and answer any charge in any accusatory pleading based upon the acts supporting the complaint above mentioned and all duly authorized amendments thereof, in whatever court it may be prosecuted, and will at all times hold himself or herself amenable to the orders and process of the court, and, if convicted, will appear for pronouncement of judgment or grant of probation or if the defendant fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars ($____) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond is ordered by the court, judgment may be summarily made and entered forthwith against the said ____ (naming the sureties and the defendant if the defendant is a party to the bond) for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306 of the California Penal Code. (Amended by Stats. 1998, Ch. 931, Sec. 415. Effective September 28, 1998.)
  80. 1459.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Admitted surety insurers must use a required bail undertaking form and, if the defendant does not appear or otherwise meet the stated conditions, must pay the stated sum to the people of California.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1459. Undertakings of bail filed by admitted surety insurers shall meet all other requirements of law and the obligation of the insurer shall be in the following form except to the extent a different form is otherwise provided by statute: ____ (stating the title and the location of the court). Defendant ____ (stating the name of the defendant) having been admitted to bail in the sum of ____ dollars ($____) (stating the amount of bail fixed) and ordered to appear in the above-entitled court on ____, 19__ (stating the date for appearance in court), on ____ (stating only the word “misdemeanor” or the word “felony”) charge/s; Now, the ____ (stating the name of admitted surety insurer and state of incorporation) hereby undertakes that the above-named defendant will appear in the above-named court on the date above set forth to answer any charge in any accusatory pleading based upon the acts supporting the complaint filed against him/her and all duly authorized amendments thereof, in whatever court it may be prosecuted, and will at all times hold him/herself amenable to the orders and process of the court and, if convicted, will appear for pronouncement of judgment or grant of probation or if he/she fails to perform either of these conditions, that the ____ (stating the name of admitted surety insurer and state of incorporation) will pay to the people of the State of California the sum of ____ dollars ($____) (stating the amount of the undertaking of the admitted surety insurer). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said ____ (stating the name of admitted surety insurer and state of incorporation) for the amount of its undertaking herein, as provided by Sections 1305 and 1306 of the California Penal Code. (Stating the name of admitted surety insurer and state of incorporation), (Signature) By Attorney-in-fact (Corporate seal) (Jurat of notary public or other officer authorized to administer oaths.) (Amended by Stats. 1998, Ch. 931, Sec. 416. Effective September 28, 1998.)
  81. 146.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Public officers, and people pretending to be public officers, may not use apparent legal authority without lawful process to arrest, detain, seize property, or dispossess someone of land or tenements.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, does any of the following, without a regular process or other lawful authority, is guilty of a misdemeanor: (a) Arrests any person or detains that person against his or her will. (b) Seizes or levies upon any property. (c) Dispossesses any one of any lands or tenements. (Amended by Stats. 1990, Ch. 350, Sec. 11.)
  82. 1462.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Misdemeanor cases generally belong in the superior court of the county where the offense happened, with some Vehicle Code exceptions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1462.2. Except as otherwise provided in the Vehicle Code, the proper court for the trial of criminal cases amounting to misdemeanor shall be the superior court of the county within which the offense charged was committed. If an action or proceeding is commenced in a court other than the court herein designated as the proper court for the trial, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time of pleading, requests an order transferring the action or proceeding to the proper court. If after that request it appears that the action or proceeding was not commenced in the proper court, the court shall order the action or proceeding transferred to the proper court. The judge shall, at the time of arraignment, inform the defendant of the right to be tried in the county where the offense was committed. (Amended by Stats. 2003, Ch. 449, Sec. 35. Effective January 1, 2004.)
  83. 1462.25.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section lets a qualifying defendant ask to resolve related Vehicle Code section 14601 charges in the first court, but only if the other county’s district attorney approves in writing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1462.25. (a) A defendant formally charged with a violation of Vehicle Code Section 14601 in one court (“the first court”), against whom a formal charge of a violation of Vehicle Code Section 14601 is pending in one or more other courts, may state in writing his or her agreement to plead guilty or nolo contendere to some or all of the charges pending in the other courts, to waive trial or hearing in the other courts, and to consent to disposition of the case in the first court. The defendant’s agreement is ineffective unless the district attorney for the other county approves in writing. Upon receipt of the defendant’s agreement and the district attorney’s approval, the clerk of court in the other court shall transfer the pending matter to the first court, and transmit the papers or certified copies. The prosecution of each transferred matter shall proceed in the first court as part of the case pending against the defendant there, but shall be limited to proceedings upon the defendant’s plea of guilty or nolo contendere, and sentencing or probation. If the defendant pleads not guilty, the clerk shall retransfer the transferred case to the court of origin, and the prosecution shall be resumed in that court. The defendant’s statement that the defendant agreed to plead guilty or nolo contendere shall not be used against the defendant. (b) The procedure specified in subdivision (a) may be used only if the defendant is represented by counsel in the other courts, or the defendant has expressly waived his or her right to counsel in the other courts. (c) A defendant may request appointment of counsel in the other courts by a written request. Upon receiving the defendant’s written request, the other court shall appoint counsel to represent the defendant if he or she otherwise qualifies for appointed counsel. (d) The appearance of the defendant in proceedings transferred pursuant to subdivision (a) shall not commence the running of time limits under Section 859b, 860, 861, or 1382. (Added by Stats. 1994, Ch. 389, Sec. 20. Effective September 1, 1994.)
  84. 1462.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Partial payments of fines, penalties, forfeitures, and fees must be prorated between state and local shares under Controller guidelines; in certain cases, proration is delayed until minimum amounts are sent to the Restitution Fund.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1462.5. Each installment or partial payment of a fine, penalty, forfeiture, or fee shall be prorated among the state and local shares according to the trial court revenue distribution guidelines established by the Controller pursuant to Section 71380 of the Government Code. In cases subject to Section 1463.18 of the Penal Code, proration shall not occur until the minimum amounts have been transferred to the Restitution Fund as provided in that section. (Amended by Stats. 2016, Ch. 703, Sec. 18. (AB 2881) Effective January 1, 2017.)
  85. 1463.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section defines terms used in the chapter and says fines and forfeitures for crimes must be distributed under Section 1463.001.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463. All fines and forfeitures imposed and collected for crimes shall be distributed in accordance with Section 1463.001. The following definitions shall apply to terms used in this chapter: (a) “Arrest” means any law enforcement action, including issuance of a notice to appear or notice of violation, which results in a criminal charge. (b) “City” includes any city, city and county, district, including any enterprise special district, community service district, or community service area engaged in police protection activities as reported to the Controller for inclusion in the 1989–90 edition of the Financial Transactions Report Concerning Special Districts under the heading of Police Protection and Public Safety, authority, or other local agency (other than a county) which employs persons authorized to make arrests or to issue notices to appear or notices of violation which may be filed in court. (c) “City arrest” means an arrest by an employee of a city, or by a California Highway Patrol officer within the limits of a city. (d) “County” means the county in which the arrest took place. (e) “County arrest” means an arrest by a California Highway Patrol officer outside the limits of a city, or any arrest by a county officer or by any other state officer. (f) “Court” means the superior court or a juvenile forum established under Section 257 of the Welfare and Institutions Code, in which the case arising from the arrest is filed. (g) “Division of moneys” means an allocation of base fine proceeds between agencies as required by statute, including, but not limited to, Sections 1463.003, 1463.9, 1463.23, and 1463.26 of this code, Sections 13001, 13002, and 13003 of the Fish and Game Code, and Section 11502 of the Health and Safety Code. (h) “Offense” means any infraction, misdemeanor, or felony, and any act by a juvenile leading to an order to pay a financial sanction by reason of the act being defined as an infraction, misdemeanor, or felony, whether defined in this or any other code, except any parking offense as defined in subdivision (i). (i) “Parking offense” means any offense charged pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, including registration and equipment offenses included on a notice of parking violation. (j) “Penalty allocation” means the deposit of a specified part of moneys to offset designated processing costs, as provided by Section 1463.16 of this code and by Section 68090.8 of the Government Code. (k) “Total parking penalty” means the total sum to be collected for a parking offense, whether as fine, forfeiture of bail, or payment of penalty to the Department of Motor Vehicles (DMV). It may include the following components: (1) The base parking penalty as established pursuant to Section 40203.5 of the Vehicle Code. (2) The DMV fees added upon the placement of a hold pursuant to Section 40220 of the Vehicle Code. (3) The surcharges required by Section 76000 of the Government Code. (4) The notice penalty added to the base parking penalty when a notice of delinquent parking violations is given. (l) “Total fine or forfeiture” means the total sum to be collected upon a conviction, or the total amount of bail forfeited or deposited as cash bail subject to forfeiture. It may include, but is not limited to, the following components as specified for the particular offense: (1) The “base fine” upon which the state penalty and additional county penalty is calculated. (2) The “county penalty” required by Section 76000 of the Government Code. (3) The “DNA penalty” required by Sections 76104.6 and 76104.7 of the Government Code. (4) The “emergency medical services penalty” authorized by Section 76000.5 of the Government Code. (5) The “service charge” permitted by Section 853.7 of the Penal Code. (6) The “special penalty” dedicated for blood alcohol analysis, alcohol program services, traumatic brain injury research, and similar purposes. (7) The “state penalty” required by Section 1464. (Amended by Stats. 2022, Ch. 57, Sec. 19. (AB 199) Effective June 30, 2022.)
  86. 1463.001.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section says most fines and forfeitures must be deposited with the county treasurer quickly after receipt, then distributed each month according to the listed rules.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.001. Except as otherwise provided in this section, all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in a court, including civil assessments imposed under Section 1214.1, shall as soon as practicable after receipt thereof, be deposited with the county treasurer, and each month the total fines and forfeitures which have accumulated within the past month shall be distributed, as follows: (a) The state penalties, county penalties, special penalties, service charges, penalty allocations, and civil assessments imposed under Section 1214.1, shall be transferred to the proper funds as required by law. (b) The base fines shall be distributed, as follows: (1) Any base fines which are subject to specific distribution under any other section shall be distributed to the specified funds of the state or local agency. (2) Base fines resulting from county arrest not included in paragraph (1), shall be transferred into the proper funds of the county. (3) Base fines resulting from city arrests not included in paragraph (1), an amount equal to the applicable county percentages set forth in Section 1463.002, as modified by Section 1463.28, shall be transferred into the proper funds of the county. Until July 1, 1998, the remainder of base fines resulting from city arrests shall be divided between each city and county, with 50 percent deposited to the county’s general fund, and 50 percent deposited to the treasury of the appropriate city, and thereafter the remainder of base fines resulting from city arrests shall be deposited to the treasury of the appropriate city. (4) In a county that had an agreement as of March 22, 1977, that provides for city fines and forfeitures to accrue to the county in exchange for sales tax receipts, base fines resulting from city arrests not included in paragraph (1) shall be deposited into the proper funds of the county. (c) Each county shall keep a record of its deposits to its treasury and its transmittal to each city treasury pursuant to this section. (d) The distribution specified in subdivision (b) applies to all funds subject thereto distributed on or after July 1, 1992, regardless of whether the court has elected to allocate and distribute funds pursuant to Section 1464.8. (e) Any amounts remitted to the county from amounts collected by the Franchise Tax Board upon referral by a county pursuant to Article 6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code shall be allocated pursuant to this section. (Amended by Stats. 2022, Ch. 771, Sec. 17. (AB 160) Effective September 29, 2022.)
  87. 1463.002.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    City-arrest base fine amounts must be split under the listed schedule; if a city is not listed, the county percentage applies.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.002. The base fine amounts from city arrests shall be subject to distribution according to the following schedule: County and city Percentage Alameda Alameda ........................ 18 Albany ........................ 29 Berkeley ........................ 19 Emeryville ........................ 13 Hayward ........................ 10 Livermore ........................ 7 Oakland ........................ 22 Piedmont ........................ 44 Pleasanton ........................ 17 San Leandro ........................ 9 County percentage ........................ 21 Amador Amador ........................ 25 Ione ........................ 25 Jackson ........................ 25 Plymouth ........................ 25 Sutter Creek ........................ 25 County percentage ........................ 29 Butte Biggs ........................ 75 Chico ........................ 22 Gridley ........................ 49 Oroville ........................ 9 County percentage ........................ 20 Calaveras Angels ........................ 62 County percentage ........................ 62 Colusa Colusa ........................ 13 Williams ........................ 17 County percentage ........................ 16 Contra Costa Antioch ........................ 11 Brentwood ........................ 24 Concord ........................ 18 El Cerrito ........................ 19 Hercules ........................ 14 Martinez ........................ 22 Pinole ........................ 22 Pittsburg ........................ 5 Richmond ........................ 14 San Pablo ........................ 12 Walnut Creek ........................ 24 County percentage ........................ 14 Del Norte Crescent City ........................ 19 County percentage ........................ 19 El Dorado Placerville ........................ 14 County percentage ........................ 14 Fresno Clovis ........................ 23 Coalinga ........................ 21 Firebaugh ........................ 16 Fowler ........................ 34 Fresno ........................ 26 Huron ........................ 24 Kerman ........................ 14 Kingsburg ........................ 34 Mendota ........................ 11 Orange Cove ........................ 24 Parlier ........................ 21 Reedley ........................ 30 Sanger ........................ 29 San Joaquin ........................ 15 Selma ........................ 14 County percentage ........................ 24 Glenn Orland ........................ 27 Willows ........................ 36 County percentage ........................ 32 Humboldt Arcata ........................ 9 Blue Lake ........................ 26 Eureka ........................ 11 Ferndale ........................ 30 Fortuna ........................ 17 Trinidad ........................ 11 County percentage ........................ 11 Imperial Brawley ........................ 8 Calexico ........................ 10 Calipatria ........................ 30 El Centro ........................ 5 Holtville ........................ 16 Imperial ........................ 6 Westmorland ........................ 12 County percentage ........................ 8 Inyo Bishop ........................ 25 County percentage ........................ 25 Kern Bakersfield ........................ 10 Delano ........................ 13 Maricopa ........................ 36 Shafter ........................ 15 Taft ........................ 19 Tehachapi ........................ 12 Wasco ........................ 28 County percentage ........................ 12 Kings Corcoran ........................ 31 Hanford ........................ 21 Lemoore ........................ 25 County percentage ........................ 25 Lake Lakeport ........................ 33 County percentage ........................ 33 Lassen Susanville ........................ 21 County percentage ........................ 21 Los Angeles Alhambra ........................ 13 Arcadia ........................ 11 Avalon ........................ 54 Azusa ........................ 11 Bell ........................ 11 Beverly Hills ........................ 14 Burbank ........................ 14 Claremont ........................ 5 Compton ........................ 16 Covina ........................ 11 Culver City ........................ 10 El Monte ........................ 11 El Segundo ........................ 11 Gardena ........................ 22 Glendale ........................ 16 Glendora ........................ 12 Hawthorne ........................ 7 Hermosa Beach ........................ 14 Huntington Park ........................ 12 Inglewood ........................ 16 La Verne ........................ 14 Long Beach ........................ 14 Los Angeles ........................ 8 Lynwood ........................ 9 Manhattan Beach ........................ 13 Maywood ........................ 15 Monrovia ........................ 11 Montebello ........................ 11 Monterey Park ........................ 11 Palos Verdes Estates ........................ 10 Pasadena ........................ 9 Pomona ........................ 12 Redondo Beach ........................ 15 San Fernando ........................ 17 San Gabriel ........................ 16 San Marino ........................ 5 Santa Monica ........................ 11 Sierra Madre ........................ 11 Signal Hill ........................ 24 South Gate ........................ 13 South Pasadena ........................ 9 Torrance ........................ 16 Vernon ........................ 25 West Covina ........................ 11 Whittier ........................ 11 County percentage ........................ 11 Madera Chowchilla ........................ 17 Madera ........................ 16 County percentage ........................ 17 Marin Belvedere ........................ 16 Corte Madera ........................ 12 Fairfax ........................ 30 Larkspur ........................ 30 Mill Valley ........................ 13 Ross ........................ 18 San Anselmo ........................ 11 San Rafael ........................ 13 Sausalito ........................ 21 County percentage ........................ 16 Mendocino Fort Bragg ........................ 19 Point Arena ........................ 40 Ukiah ........................ 10 Willits ........................ 24 County percentage ........................ 17 Merced Atwater ........................ 23 Dos Palos ........................ 21 Gustine ........................ 23 Livingston ........................ 14 Los Banos ........................ 13 Merced ........................ 18 County percentage ........................ 18 Modoc Alturas ........................ 42 County percentage ........................ 42 Monterey Carmel ........................ 17 Gonzales ........................ 10 Greenfield ........................ 13 King City ........................ 36 Monterey ........................ 13 Pacific Grove ........................ 22 Salinas ........................ 36 Soledad ........................ 16 County percentage ........................ 23 Napa Calistoga ........................ 37 Napa ........................ 11 St. Helena ........................ 12 County percentage ........................ 14 Nevada Grass Valley ........................ 7 Nevada City ........................ 17 County percentage ........................ 9 Orange County percentage ........................ 15 Placer Auburn ........................ 18 Colfax ........................ 8 Lincoln ........................ 26 Rocklin ........................ 16 Roseville ........................ 10 County percentage ........................ 14 Plumas Portola ........................ 19 County percentage ........................ 19 Riverside Banning ........................ 35 Beaumont ........................ 15 Blythe ........................ 9 Coachella ........................ 12 Corona ........................ 12 Elsinore ........................ 10 Hemet ........................ 35 Indio ........................ 16 Palm Springs ........................ 35 Perris ........................ 14 Riverside ........................ 16 San Jacinto ........................ 41 County percentage ........................ 35 Sacramento Folsom ........................ 31 Galt ........................ 25 Isleton ........................ 13 North Sacramento ........................ 10 Sacramento ........................ 21 County percentage ........................ 26 San Benito Hollister ........................ 9 San Juan Bautista ........................ 28 County percentage ........................ 11 San Bernardino Barstow ........................ 23 Chino ........................ 14 Colton ........................ 21 Fontana ........................ 15 Needles ........................ 33 Ontario ........................ 20 Redlands ........................ 28 Rialto ........................ 15 San Bernardino ........................ 20 Upland ........................ 14 County percentage ........................ 20 San Diego Carlsbad ........................ 8 Chula Vista ........................ 23 Coronado ........................ 25 Del Mar ........................ 8 El Cajon ........................ 17 Escondido ........................ 16 Imperial Beach ........................ 8 La Mesa ........................ 23 Lemon Grove ........................ 8 National City ........................ 14 Oceanside ........................ 15 San Marcos ........................ 8 Vista ........................ 8 San Diego ........................ 6 County percentage ........................ 25 San Joaquin Lodi ........................ 18 Manteca ........................ 8 Ripon ........................ 11 Stockton ........................ 14 Tracy ........................ 15 County percentage ........................ 14 San Luis Obispo Arroyo Grande ........................ 9 Paso Robles ........................ 26 Pismo Beach ........................ 8 San Luis Obispo ........................ 21 County percentage ........................ 16 San Mateo Atherton ........................ 27 Belmont ........................ 7 Burlingame ........................ 38 Colma ........................ 40 Daly City ........................ 24 Hillsborough ........................ 75 Menlo Park ........................ 12 Millbrae ........................ 16 Redwood City ........................ 27 San Bruno ........................ 13 San Carlos ........................ 8 San Mateo ........................ 42 South San Francisco ........................ 12 County percentage ........................ 21 Santa Barbara Guadalupe ........................ 28 Lompoc ........................ 16 Santa Barbara ........................ 11 Santa Maria ........................ 12 County percentage ........................ 13 Santa Clara Alviso ........................ 75 Campbell ........................ 16 Gilroy ........................ 28 Los Altos ........................ 16 Los Gatos ........................ 30 Morgan Hill ........................ 11 Mountain View ........................ 13 Palo Alto ........................ 21 San Jose ........................ 13 Santa Clara ........................ 16 Sunnyvale ........................ 26 County percentage ........................ 16 Santa Cruz Capitola ........................ 21 Santa Cruz ........................ 23 Watsonville ........................ 21 County percentage ........................ 22 Shasta Redding ........................ 22 County percentage ........................ 22 Sierra Loyalton ........................ 75 County percentage ........................ 75 Siskiyou Dorris ........................ 18 Dunsmuir ........................ 29 Etna ........................ 18 Fort Jones ........................ 46 Montague ........................ 75 Mount Shasta ........................ 37 Tulelake ........................ 33 Yreka ........................ 30 County percentage ........................ 29 Solano Benicia ........................ 17 Dixon ........................ 18 Fairfield ........................ 18 Rio Vista ........................ 19 Suisun ........................ 7 Vacaville ........................ 15 Vallejo ........................ 18 County percentage ........................ 19 Sonoma Cloverdale ........................ 40 Cotati ........................ 40 Healdsburg ........................ 40 Petaluma ........................ 24 Rohnert Park ........................ 40 Santa Rosa ........................ 40 Sebastopol ........................ 40 Sonoma ........................ 40 County percentage ........................ 40 Stanislaus Ceres ........................ 14 Modesto ........................ 15 Newman ........................ 10 Oakdale ........................ 15 Patterson ........................ 20 Riverbank ........................ 18 Turlock ........................ 19 County percentage ........................ 15 Sutter Live Oak ........................ 17 Yuba City ........................ 17 County percentage ........................ 17 Tehama Corning ........................ 26 Red Bluff ........................ 39 Tehama ........................ 10 County percentage ........................ 31 Tulare Dinuba ........................ 21 Exeter ........................ 23 Lindsay ........................ 24 Porterville ........................ 26 Tulare ........................ 20 Visalia ........................ 17 Woodlake ........................ 15 County percentage ........................ 21 Tuolumne Sonora ........................ 23 County percentage ........................ 23 Ventura Fillmore ........................ 16 Ojai ........................ 16 Oxnard ........................ 16 Port Hueneme ........................ 16 Santa Paula ........................ 16 Ventura ........................ 16 County percentage ........................ 16 Yolo Davis ........................ 22 Winters ........................ 19 Woodland ........................ 20 County percentage ........................ 20 Yuba Marysville ........................ 15 Wheatland ........................ 38 County percentage ........................ 15 With respect to any city arrest from a city which is not set forth in the above schedule, the county percentage shall apply. A county and city therein may, by mutual agreement, adjust these percentages. Where a county and a city have, prior to June 1, 1991, entered into an agreement to adjust the percentage specified in this section, or where a county and a city have entered into an agreement governing the distribution of revenue from parking penalties, those agreements shall remain in full force and effect until changed by mutual agreement. (Added by Stats. 1991, Ch. 189, Sec. 20. Effective July 29, 1991.)
  88. 1463.004.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A sentencing judge may use percentage calculations for fines or forfeitures in limited cases, and a court may omit a low-yield fund from distribution calculations but must then use Section 1463.001.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.004. (a) If a sentencing judge specifies only the total fine or forfeiture, or if an automated case-processing system requires it, percentage calculations may be employed to establish the components of total fines or forfeitures, provided that the aggregate monthly distributions resulting from the calculations are the same as would be produced by strict observance of the statutory distributions. (b) If a fund would receive less than one hundred dollars ($100) in monthly distributions of total fines and forfeitures by a particular court for at least 11 months of each year, the court may omit that fund from the system for calculating distributions, and shall instead apply the distribution provided for by Section 1463.001. (Added by Stats. 1991, Ch. 189, Sec. 22. Effective July 29, 1991.)
  89. 1463.005.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    In certain counties, specified base fines from certain CHP arrests must be split 25% to the city treasury and 75% to county funds.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.005. Notwithstanding Section 1463.001, in a county subject to Section 77202.5 of the Government Code, of base fines resulting from arrests not subject to allocation under paragraph (1) of subdivision (b) of Section 1463.001, by a California Highway Patrol Officer on state highways constructed as freeways within the city whereon city police officers enforced the provisions of the Vehicle Code on April 1, 1965, 25 percent shall be deposited in the treasury of the appropriate city, 75 percent shall be deposited in the proper funds of the county. (Amended by Stats. 1997, Ch. 850, Sec. 51. Effective January 1, 1998.)
  90. 1463.006.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    The county auditor must pay certain court-held money by warrant on the court clerk’s requisition, and unclaimed bail money must be split between the city and county after one year.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.006. Any money deposited with the court or with the clerk thereof which, by order of the court or for any other reason, should be returned, in whole or in part, to any person, or which is by law payable to the state or to any other public agency, shall be paid to that person or to the state or to the other public agency by warrant of the county auditor, which shall be drawn upon the requisition of the clerk of the court. All money deposited as bail which has not been claimed within one year after the final disposition of the case in which the money was deposited, or within one year after an order made by the court for the return or delivery of the money to any person, shall be apportioned between the city and the county and paid or transferred in the manner provided by statute for the apportionment and payment of fines and forfeitures. This paragraph controls over any conflicting provisions of law. (Added by Stats. 1991, Ch. 189, Sec. 23. Effective July 29, 1991.)
  91. 1463.007.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A county or court running a comprehensive collection program may deduct operating costs first, may set minimum base amounts for program items, and must also administer certain nondelinquent installment payment plans. Delinquent debt can be collected under the program when the listed delinquency conditions are met.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.007. (a) Notwithstanding any other law, a county or court that operates a comprehensive collection program may deduct the costs of operating that program, excluding capital expenditures, from any revenues collected under that program. The costs shall be deducted before any distribution of revenues to other governmental entities required by any other law. A county or court operating a comprehensive collection program may establish a minimum base fee, fine, forfeiture, penalty, or assessment amount for inclusion in the program. (b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program. Debt is delinquent and subject to collection by a comprehensive collection program if any of the following conditions is met: (1) A defendant does not post bail or appear on or before the date on which the defendant promised to appear, or any lawful continuance of that date, if that defendant was eligible to post and forfeit bail. (2) A defendant does not pay the amount imposed by the court on or before the date ordered by the court, or any lawful continuance of that date. (3) A defendant has failed to make an installment payment on the date specified by the court. (c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria: (1) The program identifies and collects amounts arising from delinquent court-ordered debt, whether or not a warrant has been issued against the alleged violator. (2) The program complies with the requirements of subdivision (b) of Section 1463.010. (3) The program engages in each of the following activities: (A) Attempts telephone contact with delinquent debtors for whom the program has a telephone number to inform them of their delinquent status and payment options. (B) Notifies delinquent debtors for whom the program has an address in writing of their outstanding obligation within 95 days of delinquency. (C) Generates internal monthly reports to track collections data, such as age of debt and delinquent amounts outstanding. (D) Uses Department of Motor Vehicles information to locate delinquent debtors. (E) Accepts payment of delinquent debt by credit card. (4) The program engages in at least five of the following activities: (A) Sends delinquent debt to the Franchise Tax Board’s Court-Ordered Debt Collections Program. (B) Sends delinquent debt to the Franchise Tax Board’s Interagency Intercept Collections Program. (C) Contracts with one or more private debt collectors to collect delinquent debt. (D) Sends monthly bills or account statements to all delinquent debtors. (E) Contracts with local, regional, state, or national skip tracing or locator resources or services to locate delinquent debtors. (F) Coordinates with the probation department to locate debtors who may be on formal or informal probation. (G) Uses Employment Development Department employment and wage information to collect delinquent debt. (H) Establishes wage and bank account garnishments where appropriate. (I) Places liens on real property owned by delinquent debtors when appropriate. (J) Uses an automated dialer or automatic call distribution system to manage telephone calls. (d) A comprehensive collection program shall also administer nondelinquent installment payment plans ordered pursuant to Section 68645.2 of the Government Code, and may recover up to and including thirty-five dollars ($35) per nondelinquent installment plan. (Amended by Stats. 2025, Ch. 241, Sec. 28. (SB 857) Effective January 1, 2026.)
  92. 1463.009.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section tells how collected bail forfeitures must be split in certain cases, starting with county reimbursement and then victim payments before the balance is deposited under another section.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.009. Notwithstanding Section 1463, all bail forfeitures that are collected from any source in a case in which a defendant is charged and convicted of a violation of Section 261, 264.1, 286, 287, 288, 288.5, or 289, or former Section 288a, or of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7, and that are required to be deposited with the county treasurer shall be allocated according to the following priority: (a) The county shall be reimbursed for reasonable administrative costs for the collection of the forfeited property, the maintenance and preservation of the property, and the distribution of the property pursuant to this section. (b) Out of the remainder of the forfeited bail money, a total of up to 50 percent shall be distributed in the amount necessary to satisfy any civil court judgment in favor of a victim as a result of the offense or a restitution order due to a criminal conviction to a victim who was under 18 years of age at the time of the commission of the offense if the defendant is convicted under Section 261, 264.1, 286, 287, 288, 288.5, or 289, or former Section 288a, and to a victim of any age if the defendant has been convicted of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7. (c) The balance of the amount collected shall be deposited pursuant to Section 1463. (Amended by Stats. 2018, Ch. 423, Sec. 99. (SB 1494) Effective January 1, 2019.)
  93. 1463.010.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    The Judicial Council must set guidelines for collecting court-ordered debts, and courts and counties must keep and coordinate collection programs subject to the section’s conditions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.010. The uniform imposition and enforcement of court-ordered debts are recognized as an important element of California’s judicial system. Prompt, efficient, and effective imposition and collection of court-ordered fees, fines, forfeitures, penalties, restitution, and assessments ensure the appropriate respect for court orders. The California State Association of Counties and the Judicial Council are jointly committed to identifying, improving, and seeking to expand access to mechanisms and tools that will enhance efforts to collect court-ordered debt. To provide for this prompt, efficient, and effective collection: (a) The Judicial Council shall adopt guidelines for a comprehensive program concerning the collection of moneys owed for fees, fines, forfeitures, penalties, and assessments imposed by court order. As part of its guidelines, the Judicial Council may establish standard agreements for entities to provide collection services. As part of its guidelines, the Judicial Council shall include provisions that promote competition by and between entities in providing collection services to courts and counties. The Judicial Council may delegate to the Administrative Director of the Courts the implementation of the aspects of this program to be carried out at the state level. (b) The courts and counties shall maintain the collection program that was in place on January 1, 1996, unless otherwise agreed to in writing by the court and county. The program may wholly or partially be staffed and operated within the court itself, may be wholly or partially staffed and operated by the county, or may be wholly or partially contracted with a third party. In carrying out this collection program, each superior court and county shall develop a cooperative plan to implement the Judicial Council guidelines. In the event that a court and a county are unwilling or unable to enter into a cooperative plan pursuant to this section, prior to the arbitration procedures required by subdivision (e) of Section 1214.1, the court or the county may request the continuation of negotiations with mediation assistance as mutually agreed upon and provided by the Administrative Director of the Courts and the California State Association of Counties. (c) The Judicial Council shall develop performance measures and benchmarks to review the effectiveness of the cooperative superior court and county collection programs operating pursuant to this section. Each superior court and county shall jointly report to the Judicial Council, as provided by the Judicial Council, information requested in a reporting template on or before September 1, 2009, and annually thereafter. The Judicial Council shall report annually, on or before December 31, to the Legislature, the Joint Legislative Budget Committee, and the Department of Finance all of the information required to be collected and reported pursuant to subdivision (a) of Section 68514 of the Government Code. (d) The Judicial Council may, when the efficiency and effectiveness of the collection process may be improved, facilitate a joint collection program between superior courts, between counties, or between superior courts and counties. (e) The Judicial Council may establish, by court rule, a program providing for the suspension and nonrenewal of a business and professional license if the holder of the license has unpaid fees, fines, forfeitures, penalties, and assessments imposed upon them under a court order. The Judicial Council may provide that some or all of the superior courts or counties participate in the program. Any program established by the Judicial Council shall ensure that the licensee receives adequate and appropriate notice of the proposed suspension or nonrenewal of the licensee’s license and has an opportunity to contest the suspension or nonrenewal. The opportunity to contest may not require a court hearing. (f) Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period. (Amended by Stats. 2019, Ch. 637, Sec. 10. (AB 1818) Effective January 1, 2020.)
  94. 1463.011.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A court may not garnish wages or levy bank accounts for certain unpaid citation debts owed by a homeless person under 25 until the person is 25 or older, subject to the section’s exceptions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.011. (a) Notwithstanding any other provision of law, if a court, during the course of its routine process to collect fees, fines, forfeitures, or other penalties imposed by a court due to a citation issued for the violation of a state or local law, obtains information indicating that a person under 25 years of age, who has been issued a citation for truancy, loitering, curfew violations, or illegal lodging that is outstanding or unpaid, is homeless or has no permanent address, the court shall not garnish the wages or levy against bank accounts of that person until that person is 25 years of age or older, as that age is recorded by that person’s credit report or other document already in the possession of, or previously provided to, the court. (b) For purposes of this section a person is considered to be “homeless” or as having “no permanent address” if that person does not have a fixed, regular, adequate nighttime residence, or has a primary nighttime residence that is one of the following: (1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, welfare hotels, congregate shelters, and transitional housing for the mentally ill. (2) An institution that provides a temporary residence for individuals intended to be institutionalized. (3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (c) Nothing in this section shall be construed to prevent a court from engaging in any other lawful debt collection activities. (d) Nothing in this section shall be construed to require a court to perform any further investigation or financial screening into any matter beyond the scope of its regular duties. (e) Nothing in this section shall be construed to prevent the Judicial Council from altering any best practices or recommendations for collection programs pursuant to Section 1463.010. (f) Nothing in this section shall be construed to prevent a court from garnishing a person’s wages or levying against a person’s bank accounts if the court, subsequent to its initial determination that the person was a homeless youth exempt from wage garnishment or levy under this section, obtains evidence that the individual is no longer homeless. (Added by Stats. 2011, Ch. 466, Sec. 2. (AB 1111) Effective January 1, 2012.)
  95. 1463.012.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A court must not garnish wages or levy bank accounts for certain unpaid citation debts for five years when it learns the person is a homeless veteran who served within the last eight years.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.012. (a) Notwithstanding any other law, if a court, during the course of its routine process to collect fees, fines, forfeitures, or other penalties imposed by a court due to a citation issued for the violation of a state or local law, obtains information indicating that a person who has been issued a citation for loitering, curfew violations, or illegal lodging that is outstanding or unpaid served in the military within the last eight years and is homeless or has no permanent address, the court shall not garnish the wages or levy against bank accounts of that person for five years from the date that the court obtained that information. (b) For purposes of this section, a person is considered to be “homeless” or as having “no permanent address” if that person does not have a fixed, regular, adequate nighttime residence, or has a primary nighttime residence that is one of the following: (1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, welfare hotels, congregate shelters, and transitional housing for the mentally ill. (2) An institution that provides a temporary residence for individuals intended to be institutionalized. (3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (c) Nothing in this section shall be construed to prevent a court from engaging in any other lawful debt collection activities. (d) Nothing in this section shall be construed to require a court to perform any further investigation or financial screening into any matter beyond the scope of its regular duties. (e) Nothing in this section shall be construed to prevent the Judicial Council from altering any best practices or recommendations for collection programs pursuant to Section 1463.010. (f) Nothing in this section shall be construed to prevent a court from garnishing a person’s wages or levying against a person’s bank accounts if the court, subsequent to its initial determination that the person was a homeless veteran exempt from wage garnishment or levy under this section, obtains evidence that the individual is no longer homeless, or that the court had, on a previous occasion, suspended garnishment of that person’s wages or levying against that person’s bank accounts pursuant to subdivision (a). (Added by Stats. 2013, Ch. 234, Sec. 2. (AB 508) Effective January 1, 2014.)
  96. 1463.02.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    The Judicial Council must create a task force by June 30, 2011, and name its chairperson.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.02. (a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult and juvenile offenders. The task force shall be comprised of the following members: (1) Two members appointed by the California State Association of Counties. (2) Two members appointed by the League of California Cities. (3) Two court executives, two judges, and two Administrative Office of the Courts employees appointed by the Judicial Council. (4) One member appointed by the Controller. (5) One member appointed by the Franchise Tax Board. (6) One member appointed by the California Victim Compensation Board. (7) One member appointed by the Department of Corrections and Rehabilitation. (8) One member appointed by the Department of Finance. (9) One member appointed by each house of the Legislature. (10) A county public defender and a city attorney appointed by the Speaker of the Assembly. (11) A defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules. (b) The Judicial Council shall designate a chairperson for the task force. The task force shall, among other duties, do all of the following: (1) Identify all criminal and traffic-related court-ordered fees, fines, forfeitures, penalties, and assessments imposed under law. (2) Identify the distribution of revenue derived from those debts and the expenditures made by those entities that benefit from the revenues. (3) Consult with state and local entities that would be affected by a simplification and consolidation of criminal and traffic-related court-ordered debts. (4) Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition of criminal and traffic-related court-ordered debts and the distribution of the revenue derived from those debts with the goal of improving the process for those entities that benefit from the revenues, and recommendations, if any, for adjustment to the court-ordered debts. (c) The task force also shall document recent annual revenues from the various penalty assessments and surcharges and, to the extent feasible, evaluate the extent to which the amount of each penalty assessment and surcharge impacts total annual revenues, imposition of criminal sentences, and the actual amounts assessed. (d) The task force also shall evaluate and make recommendations to the Judicial Council and the Legislature on or before June 30, 2011, regarding the priority in which court-ordered debts should be satisfied and the use of comprehensive collection programs authorized pursuant to Section 1463.007, including associated cost-recovery practices. (Amended by Stats. 2016, Ch. 31, Sec. 243. (SB 836) Effective June 27, 2016.)
  97. 1463.04.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Money collected from certain fines and bail forfeitures must be split each month: 50% goes to the Winter Recreation Fund and 50% goes to the county general fund for SNO-PARK Program costs.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.04. Notwithstanding Section 1463, out of the moneys deposited with the county treasurer pursuant to Section 1463, there shall be transferred once a month into the State Treasury to the credit of the Winter Recreation Fund an amount equal to 50 percent of all fines and forfeitures collected during the preceding month upon conviction or upon the forfeiture of bail from any person of any violation of Section 5091.15 of the Public Resources Code, and an amount equal to the remaining 50 percent shall be transferred to the county general fund and deposited in a special account which shall be used exclusively to pay for the cost of furthering the purposes of the California SNO-PARK Permit Program, including, but not limited to, the snow removal, maintenance, and development of designated parking areas. (Added by Stats. 1991, Ch. 189, Sec. 25. Effective July 29, 1991.)
  98. 1463.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A trial court may, with prior approval, deposit bail money in a bank account and the money must be accounted for under procedures the Controller allows; the Judicial Council may regulate the accounts if its rules do not conflict with the Controller’s.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.1. Notwithstanding any other provisions of law except Section 77009 of the Government Code, any trial court may elect, with prior approval of the Administrative Director of the Courts, to deposit in a bank account pursuant to Section 53679 of the Government Code, all moneys deposited as bail with the court, or with the clerk thereof. All moneys received and disbursed through the bank account shall be properly and uniformly accounted for under any procedures the Controller may deem necessary. The Judicial Council may regulate the bank accounts, provided that its regulations are not inconsistent with those of the Controller. (Amended by Stats. 2001, Ch. 812, Sec. 25. Effective January 1, 2002.)
  99. 1463.10.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Certain fines and forfeitures must first be used to reimburse local agencies for reasonable removal, disposal, or storage costs, and any remaining balance must be deposited by the county treasurer under Section 1463.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.10. Notwithstanding Section 1463, fines and forfeitures which are collected for a conviction of a violation of Section 11366.7 of the Health and Safety Code and which are required to be deposited with the county treasurer pursuant to Section 1463 shall be allocated as follows: (a) To reimburse any local agency for the reasonable costs of the removal and disposal, or storage, of any chemical or drug, or any laboratory apparatus or device, sold by a person convicted under Section 11366.7 of the Health and Safety Code. (b) The balance of the amount collected, if any, shall be deposited by the county treasurer pursuant to Section 1463. (Added by Stats. 1994, Ch. 979, Sec. 4. Effective January 1, 1995.)
  100. 1463.11.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Money collected for certain Vehicle Code violations must be split: the first 30% goes to the city or county general fund where the offense occurred, and the county treasurer deposits the rest.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.11. Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (a) or (c) of Section 21453 of, subdivision (c) of Section 21454 of, or subdivision (a) of Section 21457 of, the Vehicle Code, and which are required to be deposited with the county treasurer pursuant to Section 1463 of this code shall be allocated as follows: (a) The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred. (b) The balance of the amount collected shall be deposited by the county treasurer under Sections 1463 and 1464. (Added by Stats. 1997, Ch. 852, Sec. 2. Effective January 1, 1998.)
  101. 1463.12.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Money collected for certain railroad-grade-crossing Vehicle Code violations must be split, with the first 30% going to a transit district or, if none exists, to the county; the rest goes to the county treasurer under Section 1463.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.12. Notwithstanding Sections 1463 and 1464 of this code and Section 76000 of the Government Code, moneys that are collected for a violation of subdivision (c) of Section 21752 or Section 22450 of the Vehicle Code, involving railroad grade crossings, or Section 22451, 22452, or subdivision (c) of Section 22526 of the Vehicle Code, and that are required to be deposited with the county treasurer pursuant to Section 1463 of this code shall be allocated as follows: (a) If the offense occurred in an area where a transit district or transportation commission or authority established under Division 12 (commencing with Section 130000) of the Public Utilities Code provides rail transportation, the first 30 percent of the amount collected shall be allocated to the general fund of that transit district or transportation commission or authority to be used only for public safety and public education purposes relating to railroad grade crossings. (b) If there is no transit district or transportation commission or authority providing rail transportation in the area where the offense occurred, the first 30 percent of the amount collected shall be allocated to the general fund of the county in which the offense occurred, to be used only for public safety and public education purposes relating to railroad grade crossings. (c) The balance of the amount collected shall be deposited by the county treasurer under Section 1463. (d) A transit district, transportation commission or authority, or a county that is allocated funds pursuant to subdivision (a) or (b) shall provide public safety and public education relating to railroad grade crossings only to the extent that those purposes are funded by the allocations provided pursuant to subdivision (a) or (b). (Amended by Stats. 2005, Ch. 716, Sec. 4. Effective January 1, 2006.)
  102. 1463.13.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Counties may run alcohol and drug problem assessment programs for certain offenders, but DUI-related offenders cannot participate. Participating cases require a report, a face-to-face interview, and a court submission within 14 days after assessment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.13. (a) Each county may develop, implement, operate, and administer an alcohol and drug problem assessment program for persons convicted of a crime in which the court finds that alcohol or substance abuse was substantially involved in the commission of the crime. This program may be operated in coordination with the program developed under Article 6 (commencing with Section 23645) of Chapter 4 of Division 11.5 of the Vehicle Code. (1) A portion of any program established pursuant to this section shall include a face-to-face interview with each program participant. (2) No person convicted of driving under the influence of alcohol or a controlled substance or a related offense shall participate in any program established pursuant to this section. (b) An alcohol and drug problem assessment report shall be made on each person who participates in the program. The report may be used to determine the appropriate sentence for the person. The report shall be submitted to the court within 14 days of the completion of the assessment. (c) In any county in which the county operates an alcohol and drug problem assessment program under this section, a court may order any person convicted of a crime that involved the use of drugs or alcohol, including any person who is found to have been under the influence of drugs or alcohol during the commission of the crime, to participate in the assessment program. (d) Notwithstanding any other provision of law, in addition to any other fine or penalty assessment, there shall be levied an assessment of not more than one hundred fifty dollars ($150) upon every fine, penalty, or forfeiture imposed and collected by the courts for a public offense wherein the court orders the offender to participate in a county alcohol and drug problem assessment program. The assessment shall only be levied in a county upon the adoption of a resolution by the board of supervisors of the county making that county subject to this section. (e) The court shall determine if the defendant has the ability to pay the assessment. If the court determines that the defendant has the ability to pay the assessment then the court may set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner which the court determines is reasonable and compatible with the defendant’s financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in victim restitution. (f) Notwithstanding Section 1463 or 1464 of the Penal Code or any other provision of law, all moneys collected pursuant to this section shall be deposited in a special account in the county treasury and shall be used exclusively to pay for the costs of developing, implementing, operating, maintaining, and evaluating alcohol and drug problem assessment and monitoring programs. (g) On January 15 of each year, the treasurer of each county that administers an alcohol and drug problem assessment and monitoring program shall determine those moneys in the special account which were not expended during the preceding fiscal year, and shall transfer those moneys to the general fund of the county. (Added by Stats. 2000, Ch. 165, Sec. 1. Effective January 1, 2001.)
  103. 1463.14.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section requires certain fine money to be placed in a special county account for alcohol/drug testing costs, sets an annual transfer of unused money, and lets a county authorize a limited extra penalty in some DUI-related cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.14. (a) Notwithstanding the provisions of Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, fifty dollars ($50) of each fine collected for each conviction of a violation of Section 23103, 23104, 23105, 23152, or 23153 of the Vehicle Code shall be deposited in a special account that shall be used exclusively to pay for the cost of performing for the county, or a city or special district within the county, analysis of blood, breath or urine for alcohol content or for the presence of drugs, or for services related to that testing. The sum shall not exceed the reasonable cost of providing the services for which the sum is intended. On November 1 of each year, the treasurer of each county shall determine those moneys in the special account that were not expended during the preceding fiscal year, and shall transfer those moneys into the general fund of the county. The board of supervisors may, by resolution, assign the treasurer’s duty to determine the amount of money that was not expended to the auditor or another county officer. The county may retain an amount of that money equal to its administrative cost incurred pursuant to this section, and shall distribute the remainder pursuant to Section 1463. If the account becomes exhausted, the public entity ordering a test performed pursuant to this subdivision shall bear the costs of the test. (b) The board of supervisors of a county may, by resolution, authorize an additional penalty upon each defendant convicted of a violation of Section 23152 or 23153 of the Vehicle Code, of an amount equal to the cost of testing for alcohol content, less the fifty dollars ($50) deposited as provided in subdivision (a). The additional penalty authorized by this subdivision shall be imposed only in those instances where the defendant has the ability to pay, but in no case shall the defendant be ordered to pay a penalty in excess of fifty dollars ($50). The penalty authorized shall be deposited directly with the county, or city or special district within the county, that performed the test, in the special account described in subdivision (a), and shall not be the basis for an additional assessment pursuant to Section 1464, or Chapter 12 (commencing with Section 76010) of Title 8 of the Government Code. For purposes of this subdivision, “ability to pay” means the overall capability of the defendant to pay the additional penalty authorized by this subdivision, taking into consideration all of the following: (1) Present financial obligations, including family support obligations, and fines, penalties, and other obligations to the court. (2) Reasonably discernible future financial position over the next 12 months. (3) Any other factor or factors that may bear upon the defendant’s financial ability to pay the additional penalty. (c) The Department of Justice shall promulgate rules and regulations to implement the provisions of this section. (Amended by Stats. 2007, Ch. 682, Sec. 5. Effective January 1, 2008.)
  104. 1463.15.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    If a county board of supervisors sets up a combined vehicle inspection and sobriety checkpoint program, $35 from specified fines and forfeitures must be deposited into a special account.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.15. Notwithstanding Section 1463, if a county board of supervisors establishes a combined vehicle inspection and sobriety checkpoint program under Section 2814.1 of the Vehicle Code, thirty-five dollars ($35) of the money deposited with the county treasurer under Section 1463.001 and collected from each fine and forfeiture imposed under subdivision (b) of Section 42001.2 of the Vehicle Code shall be deposited in a special account to be used exclusively to pay the cost incurred by the county for establishing and conducting the combined vehicle inspection and sobriety checkpoint program. The money allocated to pay the cost incurred by the county for establishing and conducting the combined checkpoint program pursuant to this section may only be deposited in the special account after a fine imposed pursuant to subdivision (b) of Section 42001.2, and any penalty assessment thereon, has been collected. (Added by Stats. 2003, Ch. 482, Sec. 2. Effective January 1, 2004.)
  105. 1463.16.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    The section directs counties to deposit $50 from certain DUI-related fines into a special alcoholism-program account, report expenditures, and use certified or certifying programs for funding.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.16. (a) Notwithstanding Section 1203.1 or 1463, fifty dollars ($50) of each fine collected for each conviction of a violation of Section 23103, 23104, 23105, 23152, or 23153 of the Vehicle Code shall be deposited with the county treasurer in a special account for exclusive allocation by the county for the county’s alcoholism program, with approval of the board of supervisors, for alcohol programs and services for the general population. These funds shall be allocated through the local planning process and expenditures reported to the State Department of Health Care Services pursuant to subdivision (c) of Section 11798.2 and subdivision (a) of Section 11818.5 of the Health and Safety Code. Programs shall be certified by the State Department of Health Care Services or have made application for certification to be eligible for funding under this section. The county shall implement the intent and procedures of subdivision (b) of Section 11812 of the Health and Safety Code while distributing funds under this section. (b) In a county of the 1st, 2nd, 3rd, 15th, 19th, 20th, or 24th class, notwithstanding Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, fifty dollars ($50) for each conviction of a violation of Section 23103, 23104, 23105, 23152, or 23153 of the Vehicle Code shall be deposited in a special account for exclusive allocation by the administrator of the county’s alcoholism program, with approval of the board of supervisors, for alcohol programs and services for the general population. These funds shall be allocated through the local planning process and expenditures reported to the State Department of Health Care Services pursuant to subdivision (c) of Section 11798.2 and subdivision (a) of Section 11818.5 of the Health and Safety Code. For those services for which standards have been developed and certification is available, programs shall be certified by the State Department of Health Care Services or shall apply for certification to be eligible for funding under this section. The county alcohol administrator shall implement the intent and procedures of subdivision (b) of Section 11812 of the Health and Safety Code while distributing funds under this section. (c) The Board of Supervisors of Contra Costa County may, by resolution, authorize the imposition of a fifty dollar ($50) assessment by the court upon each defendant convicted of a violation of Section 23152 or 23153 of the Vehicle Code for deposit in the account from which the fifty dollar ($50) distribution specified in subdivision (a) is deducted. (d) It is the specific intent of the Legislature that funds expended under this part shall be used for ongoing alcoholism program services as well as for contracts with private nonprofit organizations to upgrade facilities to meet state certification and state licensing standards and federal nondiscrimination regulations relating to accessibility for handicapped persons. (e) Counties may retain up to 5 percent of the funds collected to offset administrative costs of collection and disbursement. (Amended by Stats. 2013, Ch. 22, Sec. 78. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  106. 1463.17.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    In a county of the 19th class, $50 from each listed Vehicle Code conviction must be deposited into a special account for specified alcohol or drug testing costs.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.17. (a) In a county of the 19th class, notwithstanding any other provision of this chapter, of the moneys deposited with the county treasurer pursuant to Section 1463, fifty dollars ($50) for each conviction of a violation of Section 23103, 23104, 23105, 23152, or 23153 of the Vehicle Code shall be deposited in a special account to be used exclusively to pay the cost incurred by the county or a city or special district within the county, with approval of the board of supervisors, for performing analysis of blood, breath, or urine for alcohol content or for the presence of drugs, or for services related to the testing. (b) The application of this section shall not reduce the county’s remittance to the state specified in paragraph (2) of subdivision (b) of Section 77201, paragraph (2) of subdivision (b) of Section 77201.1, and paragraph (2) of subdivision (a) of Section 77201.3 of the Government Code. (Amended by Stats. 2007, Ch. 682, Sec. 7.5. Effective January 1, 2008.)
  107. 1463.18.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    For certain Vehicle Code convictions, the county treasurer must send the first $20 to the Restitution Fund and then handle the remaining amount under Section 1463.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.18. (a) Notwithstanding the provisions of Section 1463, moneys which are collected for a conviction of a violation of Section 23152 or 23153 of the Vehicle Code and which are required to be deposited with the county treasurer pursuant to Section 1463 shall be allocated as follows: (1) The first twenty dollars ($20) of any amount collected for a conviction shall be transferred to the Restitution Fund. This amount shall be aggregated by the county treasurer and transferred to the State Treasury once per month for deposit in the Restitution Fund. (2) The balance of the amount collected, if any, shall be deposited by the county treasurer pursuant to Section 1463. (b) The amount transferred to the Restitution Fund pursuant to this section shall be in addition to any amount of any additional fine or assessment imposed pursuant to Sections 1202.4 and 1203.04, as operative on or before August 3, 1995, or Section 13967, as operative on or before September 28, 1994, of the Government Code. The amount deposited to the Restitution Fund pursuant to this section shall be used for the purpose of indemnification of victims pursuant to Section 13965 of the Government Code, with priority given to victims of alcohol-related traffic offenses. (Amended by Stats. 1996, Ch. 1077, Sec. 26. Effective January 1, 1997.)
  108. 1463.20.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A local entity’s treasurer may deposit $50 from each parking penalty into a special account for accessibility upgrades and related administrative costs.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.20. Notwithstanding any other law, fifty dollars ($50) of every parking penalty received by a local entity pursuant to Section 42001.5 of the Vehicle Code may be deposited by the treasurer of the local entity in a special account to be used by the local entity for the sole purposes of altering existing public facilities to make them accessible to persons with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.), and federal regulations adopted pursuant to that act, and covering the actual administrative cost of setting aside fifty dollars ($50) of every parking penalty received pursuant to Section 42001.5 of the Vehicle Code for that purpose. (Added by Stats. 1993, Ch. 137, Sec. 1. Effective January 1, 1994.)
  109. 1463.22.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    The county treasurer must allocate specific amounts from certain Section 16028 Vehicle Code convictions into special accounts and send some amounts monthly to the Controller.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.22. (a) Notwithstanding Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, seventeen dollars and fifty cents ($17.50) for each conviction of a violation of Section 16028 of the Vehicle Code shall be deposited by the county treasurer in a special account and allocated to defray costs of municipal and superior courts incurred in administering Sections 16028, 16030, and 16031 of the Vehicle Code. Any moneys in the special account in excess of the amount required to defray those costs shall be redeposited and distributed by the county treasurer pursuant to Section 1463. (b) Notwithstanding Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, three dollars ($3) for each conviction for a violation of Section 16028 of the Vehicle Code shall be initially deposited by the county treasurer in a special account, and shall be transmitted once per month to the Controller for deposit in the Motor Vehicle Account in the State Transportation Fund. These moneys shall be available, when appropriated, to defray the administrative costs incurred by the Department of Motor Vehicles pursuant to Sections 16031, 16032, 16034, and 16035 of the Vehicle Code. It is the intent of this subdivision to provide sufficient revenues to pay for all of the department’s costs in administering those sections of the Vehicle Code. (c) Notwithstanding Section 1463, of the moneys deposited with the county treasurer pursuant to Section 1463, ten dollars ($10) upon the conviction of, or upon the forfeiture of bail from, any person arrested or notified for a violation of Section 16028 of the Vehicle Code shall be deposited by the county treasurer in a special account and shall be transmitted monthly to the Controller for deposit in the General Fund. (Amended by Stats. 1998, Ch. 931, Sec. 422. Effective September 28, 1998.)
  110. 1463.25.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    County funds from these penalty assessments must be deposited in a special county alcohol abuse and prevention fund, and the county may spend no more than 5% of the deposited funds on administrative costs.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.25. Notwithstanding Section 1203.1 or 1463, and in addition to any allocation under Section 1463.16, the moneys from alcohol abuse education and prevention penalty assessments collected pursuant to Section 23196 of the Vehicle Code shall be initially deposited by the county treasurer in a special county alcohol abuse and prevention fund for exclusive allocation by the county alcohol program administrator, subject to the approval of the board of supervisors, for the county’s alcohol abuse education and prevention program pursuant to Section 11802 of the Health and Safety Code. A county shall not use more than 5 percent of the funds deposited in the special account for administrative costs. (Added by Stats. 1991, Ch. 189, Sec. 33. Effective July 29, 1991.)
  111. 1463.26.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    The section requires certain fines and forfeitures to be split and transferred monthly to city, county, and agency funds, with a different split when the arrest was outside a city.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.26. Notwithstanding Section 1463, out of moneys deposited with the county treasurer pursuant to Section 1463, there shall be transferred, once a month, to the traffic fund of the city, an amount equal to one-third of all fines and forfeitures collected during the preceding month upon the conviction of, or upon the forfeiture of bail by, any person charged with a violation of Section 21655.5 or 21655.8 of the Vehicle Code within that city, and an amount equal to one-third of those fines and forfeitures shall be transferred into the general fund of the county, and an amount equal to one-third of those fines and forfeitures shall be transferred to the agency whose approval is required for high-occupancy vehicle lanes on state highways pursuant to Section 21655.6 of the Vehicle Code. If the arrest for a violation of either Section 21655.5 or 21655.8 of the Vehicle Code was not within a city, then 50 percent of the fines and forfeitures shall be transferred to the general fund of the county and 50 percent shall be transferred to the agency having authority to approve high-occupancy vehicle lanes pursuant to Section 21655.6 of the Vehicle Code. Money received by the agency having the authority to approve high-occupancy vehicle lanes pursuant to Section 21655.6 of the Vehicle Code shall be used by that agency for the purposes of improving traffic flow and traffic operations upon the state highway system within the jurisdiction of that agency. In counties where there exists a county transportation commission created pursuant to Division 12 (commencing with Section 130000) of the Public Utilities Code, that commission is the agency for purposes of this section. (Added by Stats. 1991, Ch. 189, Sec. 34. Effective July 29, 1991.)
  112. 1463.27.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A county board of supervisors may authorize a domestic violence fee of up to $250 on certain court-imposed fines, penalties, or forfeitures, and the court must check ability to pay before collecting it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.27. (a) Notwithstanding any other provision of law, in addition to any other fine or penalty assessment, the board of supervisors of a county may, by resolution, authorize a fee of not more than two hundred fifty dollars ($250) upon every fine, penalty, or forfeiture imposed and collected by the courts for a crime of domestic violence specified in paragraph (1) of subdivision (e) of Section 243 and in Section 273.5. Notwithstanding Section 1463 or 1464, money collected pursuant to this section shall be used to fund domestic violence prevention programs that focus on assisting immigrants, refugees, or persons who live in a rural community. Counties with existing domestic violence prevention programs that assist those persons may direct funds to those programs. (b) The court shall determine if the defendant has the ability to pay the fee imposed under this section. In making that determination, the court shall take into account the total amount of fines and restitution that the defendant is subject to, and may waive payment of this additional fee. (c) The court shall deposit the moneys collected pursuant to this section in a fund designated by the board of supervisors, to be used as specified in subdivision (a). (Added by Stats. 2008, Ch. 241, Sec. 2. Effective January 1, 2009.)
  113. 1463.28.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    For certain option counties, specified fine and forfeiture increments must be deposited into the county general fund up to the county’s annual limit.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.28. (a) Notwithstanding any other provision of law, for each option county, as defined by Section 77004 of the Government Code, which has adopted the resolution specified in subdivision (b), that portion of fines and forfeitures, whether collected by the courts or by other processing agencies, which are attributable to an increase in the bail amounts adopted subsequent to the resolution pursuant to subdivision (c) of Section 1269b which would otherwise be divided between the county and cities within the county shall be deposited into the county general fund up to the annual limit listed in subdivision (b) for that county. Fine and forfeiture increments which exceed the specified annual limit shall be divided between the county and the cities within the county as otherwise provided by law. The scheduled bail amounts in such a county may exceed the bail amounts established by the Judicial Council pursuant to subdivision (c) of Section 1269b. (b) The counties which may adopt a resolution directing that future increments in fines and forfeitures as specified in subdivision (a) be deposited in the county general fund and the annual limit applicable to those counties is as follows: County Annual Limit Alpine ........................ $ 300,000 Amador ........................ 200,000 Butte ........................ 900,000 Calaveras ........................ 300,000 Contra Costa ........................ 100,000 Del Norte ........................ 200,000 Fresno ........................ 700,000 Humboldt ........................ 200,000 Kings ........................ 300,000 Lake ........................ 400,000 Lassen ........................ 200,000 Los Angeles ........................ 15,000,000 Madera ........................ 600,000 Mariposa ........................ 200,000 Mendocino ........................ 600,000 Modoc ........................ 200,000 Mono ........................ 200,000 Plumas ........................ 200,000 San Benito ........................ 300,000 San Diego ........................ 5,200,000 San Joaquin ........................ 1,000,000 Santa Clara ........................ 3,200,000 Sierra ........................ 300,000 Stanislaus ........................ 1,900,000 Sutter ........................ 800,000 Trinity ........................ 200,000 Tulare ........................ 2,000,000 Tuolumne ........................ 400,000 Yolo ........................ 700,000 Yuba ........................ 900,000 (c) Except as provided in Sections 40200.3 and 40200.4 of the Vehicle Code, this section does not apply to the collection of parking penalties. (Amended by Stats. 2003, Ch. 149, Sec. 76.5. Effective January 1, 2004.)
  114. 1463.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Funds transferred under Section 1462.3 cannot be used to buy land or build parking facilities; they must be used for alternate transportation and reducing off-campus parking impacts.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.7. Funds transferred to the Regents of the University of California pursuant to Section 1462.3 may not be utilized to purchase land or to construct any parking facility. These funds shall be utilized for the development, enhancement, and operation of alternate methods of transportation of students and employees of the University of California and for the mitigation of the impact of off-campus student and employee parking in university communities. (Added by Stats. 1991, Ch. 189, Sec. 26. Effective July 29, 1991.)
  115. 1463.9.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Half of certain fines and bail forfeitures must be kept separate, sent to the county treasurer promptly, and later used only for litter cleanup when distributed to a county or city.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1463.9. Notwithstanding the provisions of Section 1463, 50 percent of all fines and forfeitures collected upon conviction, or upon forfeiture of bail, for violations of Section 13002 of the Health and Safety Code, Sections 23111 and 23112, and subdivision (a) of Section 23113 of the Vehicle Code, and Section 374.3 of this code shall be kept separate and apart from any other fines and forfeitures. These fines and forfeitures shall, as soon as practicable after their receipt, be deposited with the county treasurer of the county in which the court is situated and shall be distributed as prescribed in Section 1463, except that the money distributed to any county or city shall be expended only for litter cleanup activities within that city or county. (Added by Stats. 1991, Ch. 189, Sec. 27. Effective July 29, 1991.)
  116. 1464.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section imposes a state penalty on most criminal fines, penalties, and forfeitures, with listed exceptions, and sets out how courts, clerks, judges, and finance officials handle collection and transfers.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1464. (a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. (2) Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. (3) The penalty imposed by this section does not apply to the following: (A) Any restitution fine. (B) Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code. (C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (D) The state surcharge authorized by Section 1465.7. (b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension. (c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned. (d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family. (e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county. (f) Notwithstanding any other law, the Director of Finance shall provide a schedule to the Controller for all transfers of funds made available by the Budget Act from the State Penalty Fund in the current fiscal year. (g) Upon the order of the Department of Finance, sufficient funds may be transferred by the Controller from the General Fund for cashflow needs of the State Penalty Fund. A cashflow loan made pursuant to this provision shall be short term and does not constitute a General Fund expenditure. A cashflow loan and the repayment of a cashflow loan does not affect the General Fund reserve. (Amended by Stats. 2017, Ch. 17, Sec. 34. (AB 103) Effective June 27, 2017.)
  117. 1464.05.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    In references to Section 1464 about a fine, penalty, or bail forfeiture, the word “assessment” must be read as the penalty, state penalty, or additional penalty required by Section 1464.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1464.05. Wherever the word “assessment” appears in any reference to Section 1464 in any law or regulation with regard to a fine, penalty, or bail forfeiture, it shall be deemed to refer to the penalty, state penalty, or additional penalty required by Section 1464. (Added by Stats. 1990, Ch. 1293, Sec. 3.)
  118. 1464.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    When criminal-case money is allocated and distributed, the payment may be handled under the law in effect during the accounting period when the payment is made.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1464.8. Notwithstanding any other provision of law, when an allocation and distribution of any fine, forfeiture, penalty, fee, or assessment collected in any criminal case is made, including, but not limited to, moneys collected pursuant to this chapter, Section 13003 of the Fish and Game Code, Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and Sections 11372.5 and 11502 of the Health and Safety Code, the allocation and distribution of any payment may be based upon the law in effect during the accounting period when the payment is made. (Amended by Stats. 1991, Ch. 189, Sec. 37. Effective July 29, 1991.)
  119. 1465.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Each county may impose a $2 assessment for every $10, or fraction of $10, of certain fines, forfeitures, or parking penalties if its board of supervisors adopts a resolution.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1465.5. An assessment of two dollars ($2) for every ten dollars ($10) or fraction thereof, for every fine, forfeiture, or parking penalty imposed and collected pursuant to Section 42001.13 of the Vehicle Code for violation of Section 22507.8 of the Vehicle Code, may be imposed by each county upon the adoption of a resolution by the board of supervisors. An assessment imposed by this section shall be collected and disbursed as provided in Section 9545 of the Welfare and Institutions Code. (Amended by Stats. 2003, Ch. 555, Sec. 2. Effective January 1, 2004.)
  120. 1465.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    Each county must impose an additional assessment equal to 10% of certain Vehicle Code fines for specified violations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1465.6. (a) In addition to an assessment levied pursuant to Section 1465.5 of this code, or any other law, an additional assessment equal to 10 percent of the fine imposed under Section 42001.5, 42001.13, or 42002 of the Vehicle Code shall be imposed by each county for a criminal violation of the following: (1) Subdivisions (b), (c), and (d) of Section 4461 of the Vehicle Code. (2) Subdivision (c) of Section 4463 of the Vehicle Code. (3) Section 22507.8 of the Vehicle Code. (4) Section 22522 of the Vehicle Code. (b) An assessment imposed pursuant to this section shall be deposited with the city or county where the violation occurred. (Amended by Stats. 2009, Ch. 415, Sec. 1. (AB 144) Effective January 1, 2010.)
  121. 1465.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section adds a 20% state surcharge to certain base fines and requires it to be handled separately from the base fine.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1465.7. (a) A state surcharge of 20 percent shall be levied on the base fine used to calculate the state penalty assessment as specified in subdivision (a) of Section 1464. (b) This surcharge shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code and may not be included in the base fine used to calculate the state penalty assessment as specified in subdivision (a) of Section 1464. (c) After a determination by the court of the amount due, the clerk of the court shall cause the amount of the state surcharge collected to be transmitted to the General Fund. (d) Notwithstanding Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code and subdivision (b) of Section 68090.8 of the Government Code, the full amount of the surcharge shall be transmitted to the State Treasury to be deposited in the General Fund. Of the amount collected from the total amount of the fines, penalties, and surcharges imposed, the amount of the surcharge established by this section shall be transmitted to the State Treasury to be deposited in the General Fund. (e) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the surcharge prescribed by this section. (f) When amounts owed by an offender as a result of a conviction are paid in installment payments, payments shall be credited pursuant to Section 1203.1d. The amount of the surcharge established by this section shall be transmitted to the State Treasury prior to the county retaining or disbursing the remaining amount of the fines, penalties, and forfeitures imposed. (g) Notwithstanding Sections 40512.6 and 42007 of the Vehicle Code, the term “total bail” as used in subdivision (a) of Section 42007 of the Vehicle Code does not include the surcharge set forth in this section. The surcharge set forth in this section shall be levied on what would have been the base fine had the provisions of Section 42007 not been invoked and the proceeds from the imposition of the surcharge shall be treated as otherwise set forth in this section. (Amended by Stats. 2007, Ch. 176, Sec. 63. Effective August 24, 2007.)
  122. 1465.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    A $40 court operations assessment must be imposed on covered convictions, with exceptions for certain parking offenses.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1465.8. (a) (1) To assist in funding court operations, an assessment of forty dollars ($40) shall be imposed on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. (2) For the purposes of this section, “conviction” includes the dismissal of a traffic violation on the condition that the defendant attend a court-ordered traffic violator school, as authorized by Sections 41501 and 42005 of the Vehicle Code. This court operations assessment shall be deposited in accordance with subdivision (d), and may not be included with the fee calculated and distributed pursuant to Section 42007 of the Vehicle Code. (b) This assessment shall be in addition to the state penalty assessed pursuant to Section 1464 and may not be included in the base fine to calculate the state penalty assessment as specified in subdivision (a) of Section 1464. The penalties authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the state surcharge authorized by Section 1465.7, do not apply to this assessment. (c) When bail is deposited for an offense to which this section applies, and for which a court appearance is not necessary, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed by this section. (d) Notwithstanding any other law, the assessments collected pursuant to subdivision (a) shall all be deposited in a special account in the county treasury and transmitted therefrom monthly to the Controller for deposit in the Trial Court Trust Fund. The assessments collected pursuant to this section shall not be subject to subdivision (e) of Section 1203.1d, but shall be disbursed under subdivision (b) of Section 1203.1d. (e) The Judicial Council shall provide for the administration of this section. (Amended (as amended by Stats. 2011, Ch. 40, Sec. 6) by Stats. 2012, Ch. 41, Sec. 67. (SB 1021) Effective June 27, 2012.)
  123. 1465.9.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. )

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    This section makes certain court costs, civil assessments, and some restitution-fine balances unenforceable and uncollectible, and requires related judgment amounts to be vacated.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 1. Proceedings in Misdemeanor and Infraction Cases [1427 - 1465.9] ( Heading of Chapter 1 amended by Stats. 1998, Ch. 931, Sec. 408. ) ## 1465.9. (a) The balance of any court-imposed costs pursuant to Section 987.4, subdivision (a) of Section 987.5, Sections 987.8, 1203, 1203.1e, 1203.016, 1203.018, 1203.1b, 1208.2, 1210.15, 1463.07, 3010.8, 4024.2, and 6266, as those sections read on June 30, 2021, shall be unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated. (b) On and after January 1, 2022, the balance of any court-imposed costs pursuant to Section 1001.15, 1001.16, 1001.90, 1202.4, 1203.1, 1203.1ab, 1203.1c, 1203.1m, 1203.4a, 1203.9, 1205, 1214.5, 2085.5, 2085.6, or 2085.7, as those sections read on December 31, 2021, shall be unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated. (c) On and after July 1, 2022, the balance of any court-imposed civil assessments pursuant to Section 1214.1 imposed prior to that date shall be unenforceable and uncollectible and any portion of a judgment imposing those assessments shall be vacated. (d) Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to Section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated. (Amended by Stats. 2024, Ch. 805, Sec. 1. (AB 1186) Effective January 1, 2025.)
  124. 1466.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. )

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    This section says appeals in infraction and misdemeanor cases may be taken to the appellate division of the county superior court, and it lists which orders and judgments the people or the defendant may appeal.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. ) ## 1466. An appeal may be taken from a judgment or order, in an infraction or misdemeanor case, to the appellate division of the superior court of the county in which the court from which the appeal is taken is located, in the following cases: (a) By the people: (1) From an order recusing the district attorney or city attorney pursuant to Section 1424. (2) From an order or judgment dismissing or otherwise terminating all or any portion of the action, including such an order or judgment, entered after a verdict or finding of guilty or a verdict or judgment entered before the defendant has been placed in jeopardy or where the defendant has waived jeopardy. (3) From sustaining a demurrer to any portion of the complaint or pleading. (4) From an order granting a new trial. (5) From an order arresting judgment. (6) From any order made after judgment affecting the substantial rights of the people. (7) From the imposition of an unlawful sentence, whether or not the court suspends the execution of sentence. As used in this paragraph, “unlawful sentence” means the imposition of a sentence not authorized by law or the imposition of a sentence based upon an unlawful order of the court that strikes or otherwise modifies the effect of an enhancement or prior conviction. A defendant shall have the right to counsel in the people’s appeal of an unlawful sentence under the same circumstances that he or she would have a right to counsel under subdivision (a) of Section 1238. (8) Nothing in this section shall be construed to authorize an appeal from an order granting probation. Instead, the people may seek appellate review of any grant of probation, whether or not the court imposes sentence, by means of a petition for a writ of mandate or prohibition that is filed within 60 days after probation is granted. The review of any grant of probation shall include review of any order underlying the grant of probation. (b) By the defendant: (1) From a final judgment of conviction. A sentence, an order granting probation, a conviction in a case in which before final judgment the defendant is committed for insanity or is given an indeterminate commitment as a mentally disordered sex offender, or the conviction of a defendant committed for controlled substance addiction shall be deemed to be a final judgment within the meaning of this section. Upon appeal from a final judgment or an order granting probation the court may review any order denying a motion for a new trial. (2) From any order made after judgment affecting his or her substantial rights. (Amended by Stats. 2011, Ch. 304, Sec. 11. (SB 428) Effective January 1, 2012.)
  125. 1467.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. )

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    An appeal from a conviction does not stop the judgment from being carried out unless the trial or reviewing court orders a stay. A court may not stay a sex-offender registration duty under Section 290.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. ) ## 1467. An appeal from a judgment of conviction does not stay the execution of the judgment in any case unless the trial or a reviewing court shall so order. The granting or refusal of such an order shall rest in the discretion of the court, except that a court shall not stay any duty to register as a sex offender pursuant to Section 290. (Amended by Stats. 1998, Ch. 960, Sec. 6. Effective January 1, 1999.)
  126. 1468.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. )

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    Appeals to the appellate divisions of superior courts must be handled and decided, the decisions sent back to the court they came from, and the appeal records prepared and filed under Judicial Council rules.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. ) ## 1468. Appeals to the appellate divisions of superior courts shall be taken, heard and determined, the decisions thereon shall be remitted to the courts from which the appeals are taken, and the records on such appeals shall be made up and filed in such time and manner as shall be prescribed in rules adopted by the Judicial Council. (Amended by Stats. 1998, Ch. 931, Sec. 425. Effective September 28, 1998.)
  127. 1469.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. )

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    This section lets the reviewing court examine certain legal issues on appeal and, if proper, reverse, affirm, modify, set aside, or order a new trial.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 2. Appeals In Misdemeanor and Infraction Cases [1466 - 1469] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 931, Sec. 423. ) ## 1469. Upon appeal by the people the reviewing court may review any question of law involved in any ruling affecting the judgment or order appealed from, without exception having been taken in the trial court. Upon an appeal by a defendant the court may, without exception having been taken in the trial court, review any question of law involved in any ruling, order, instruction, or thing whatsoever said or done at the trial or prior to or after judgment, which thing was said or done after objection made in and considered by the trial court and which affected the substantial rights of the defendant. The court may also review any instruction given, refused or modified, even though no objection was made thereto in the trial court if the substantial rights of the defendant were affected thereby. The reviewing court may reverse, affirm or modify the judgment or order appealed from, and may set aside, affirm or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial. If a new trial is ordered upon appeal, it must be had in the court from which the appeal is taken. (Amended by Stats. 1977, Ch. 1257.)
  128. 146a

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a crime to falsely pretend to be certain state-department officials and, while pretending, detain, search, intimidate, or take money or property from others.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146a. (a) Any person who falsely represents himself or herself to be a deputy or clerk in any state department and who, in that assumed character, does any of the following is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding two thousand five hundred dollars ($2,500), or both the fine and imprisonment: (1) Arrests, detains, or threatens to arrest or detain any person. (2) Otherwise intimidates any person. (3) Searches any person, building, or other property of any person. (4) Obtains money, property, or other thing of value. (b) Any person who falsely represents himself or herself to be a public officer, investigator, or inspector in any state department and who, in that assumed character, does any of the following shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170: (1) Arrests, detains, or threatens to arrest or detain any person. (2) Otherwise intimidates any person. (3) Searches any person, building, or other property of any person. (4) Obtains money, property, or other thing of value. (Amended by Stats. 2011, Ch. 15, Sec. 256. (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.)
  129. 146b

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person must not send a communication that looks like a government request for information if it is not really from a state or local government, when done to make someone think it is 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146b. Every person who, with intent to lead another to believe that a request or demand for information is being made by the State, a county, city, or other governmental entity, when such is not the case, sends to such other person a written or printed form or other communication which reasonably appears to be such request or demand by such governmental entity, is guilty of a misdemeanor. (Added by Stats. 1959, Ch. 2135.)
  130. 146c

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person may not name or promote a nongovernmental organization in a way that suggests it is made up of law enforcement personnel unless the organization meets the 80% voting-member requirement; violations are misdemeanors.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146c. Every person who designates any nongovernmental organization by any name, including, but not limited to any name that incorporates the term “peace officer,” “police,” or “law enforcement,” that would reasonably be understood to imply that the organization is composed of law enforcement personnel, when, in fact, less than 80 percent of the voting members of the organization are law enforcement personnel or firefighters, active or retired, is guilty of a misdemeanor. Every person who solicits another to become a member of any organization so named, of which less than 80 percent of the voting members are law enforcement personnel or firefighters, or to make a contribution thereto or subscribe to or advertise in a publication of the organization, or who sells or gives to another any badge, pin, membership card, or other article indicating membership in the organization, knowing that less than 80 percent of the voting members are law enforcement personnel or firefighters, active or retired, is guilty of a misdemeanor. As used in this section, “law enforcement personnel” includes those mentioned in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, plus any other officers in any segment of law enforcement who are employed by the state or any of its political subdivisions. (Amended by Stats. 1994, Ch. 202, Sec. 1. Effective January 1, 1995.)
  131. 146d

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a misdemeanor for any person to sell or give someone a membership card, badge, or similar device when the recipient can reasonably infer that showing it will make the law be enforced less strictly for that person.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146d. Every person who sells or gives to another a membership card, badge, or other device, where it can be reasonably inferred by the recipient that display of the device will have the result that the law will be enforced less rigorously as to such person than would otherwise be the case is guilty of a misdemeanor. (Added by Stats. 1963, Ch. 1180.)
  132. 146e

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a crime to maliciously disclose certain officials’ home address or phone number, or that of their co-residing immediate family, without employer authorization, when done to obstruct justice or retaliate against law enforcement; if bodily injury results, the offense becomes a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146e. (a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent to, or threat to, inflict bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the immediate family of these persons who reside with them, while designating the elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, is guilty of a misdemeanor. (b) A violation of subdivision (a) with regard to any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or the immediate family of these persons, that results in bodily injury to the elected or appointed official, peace officer, nonsworn police dispatcher, employee of the city police department or county sheriff’s office, or public safety official, or the immediate family of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. (c) For the purposes of this section, the following terms have the following meanings: (1) “Immediate family” means a spouse, parent, child, a person related by consanguinity or affinity within the second degree, or another person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (2) “Public safety official” has the same meaning as defined in Section 7920.535 of the Government Code. (Amended by Stats. 2023, Ch. 131, Sec. 147. (AB 1754) Effective January 1, 2024.)
  133. 146f

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Inmates under the control or supervision of the Department of Corrections or the Department of the Youth Authority may not work with records or files containing peace officer personnel information or enter the immediate area where that information is normally stored, except for maintenance services and only after the records or files have been secured and locked.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146f. No inmate under the control or supervision of the Department of Corrections or the Department of the Youth Authority shall be permitted to work with records or files containing peace officer personnel information or be allowed access to the immediate area where that information is normally stored, except for maintenance services and only after those records or files have been secured and locked. (Added by Stats. 1983, Ch. 399, Sec. 2.)
  134. 146g

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    This section makes certain disclosures, solicitations, and sales of investigation-related information or secure-area photos/videos a misdemeanor when done for financial gain, and also requires forfeiture of compensation on conviction.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 146g. (a) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, any employee of a law enforcement agency, any attorney as defined in Section 6125 of the Business and Professions Code employed by a governmental agency, or any trial court employee as defined in Section 71601 of the Government Code, who does either of the following is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000): (1) Discloses, for financial gain, information obtained in the course of a criminal investigation, the disclosure of which is prohibited by law. (2) Solicits, for financial gain, the exchange of information obtained in the course of a criminal investigation, the disclosure of which is prohibited by law. (b) Any person who solicits any other person described in subdivision (a) for the financial gain of the person described in subdivision (a) to disclose information obtained in the course of a criminal investigation, with the knowledge that the disclosure is prohibited by law, is guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000). (c) (1) Any person described in subdivision (a) who, for financial gain, solicits or sells any photograph or video taken inside any secure area of a law enforcement or court facility, the taking of which was not authorized by the law enforcement or court facility administrator, is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). (2) Any person who solicits any person described in subdivision (a) for financial gain to the person described in subdivision (a) to disclose any photograph or video taken inside any secure area of a law enforcement or court facility, the taking of which was not authorized by the law enforcement or court facility administrator, is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). (d) Upon conviction of, and in addition to, any other penalty prescribed by this section, the defendant shall forfeit any monetary compensation received in the commission of a violation of this section and the money shall be deposited in the Victim Restitution Fund. (e) Nothing in this section shall apply to officially sanctioned information, photographs, or video, or to information, photographs, or video obtained or distributed pursuant to the California Whistleblower Protection Act or the Local Government Disclosure of Information Act. (f) This section shall not be construed to limit or prevent prosecution pursuant to any other applicable provision of law. (Added by Stats. 2007, Ch. 401, Sec. 2. Effective January 1, 2008.)
  135. 147.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    An officer who commits willful inhumanity or oppression toward a prisoner in the officer’s care or custody can be fined up to $4,000 and removed from office.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 147. Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by fine not exceeding four thousand dollars ($4,000), and by removal from office. (Amended by Stats. 1983, Ch. 1092, Sec. 240. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  136. 1471.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 3. Transfer of Misdemeanor and Infraction Appeals [1471- 1471.] ( Heading of Chapter 3 amended by Stats. 1998, Ch. 931, Sec. 426. )

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    A court of appeal may transfer an appeal to a superior court in its district for hearing and decision when the transfer is needed to secure uniformity of decisions or settle important legal questions, and the receiving court then has similar review and order-making power.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND APPEALS FROM SUCH CASES [1427 - 1471] ( Heading of Title 11 amended by Stats. 1998, Ch. 931, Sec. 407. ) ## CHAPTER 3. Transfer of Misdemeanor and Infraction Appeals [1471- 1471.] ( Heading of Chapter 3 amended by Stats. 1998, Ch. 931, Sec. 426. ) ## 1471. A court of appeal may order any case on appeal to a superior court in its district transferred to it for hearing and decision as provided by rules of the Judicial Council when the superior court certifies, or the court of appeal determines, that such transfer appears necessary to secure uniformity of decision or to settle important questions of law. A court to which any such case is transferred shall have similar power to review any matter and make orders and judgments as the appellate division of the superior court by statute would have in such case, except as otherwise expressly provided. (Amended by Stats. 1998, Ch. 931, Sec. 427. Effective September 28, 1998.)
  137. 1473.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    This section lets a person who is unlawfully imprisoned or restrained seek habeas corpus relief, including for false evidence, new evidence, or significant disputes about expert testimony.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1473. (a) A person unlawfully imprisoned or restrained of their liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint. (b) (1) A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: (A) False evidence that is material on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to the person’s incarceration. (B) False physical evidence, believed by a person to be factual, probative, or material on the issue of guilt, which was known by the person at the time of entering a plea of guilty, which was a material factor directly related to the plea of guilty by the person. (C) (i) New evidence exists that is presented without substantial delay, is admissible, and is sufficiently material and credible that it more likely than not would have changed the outcome of the case. (ii) For purposes of this section, “new evidence” means evidence that has not previously been presented and heard at trial and has been discovered after trial. (D) A significant dispute has emerged or further developed in the petitioner’s favor regarding expert medical, scientific, or forensic testimony that was introduced at trial or a hearing and that expert testimony more likely than not affected the outcome of the case. (i) For purposes of this section, the expert medical, scientific, or forensic testimony includes the expert’s conclusion or the scientific, forensic, or medical facts upon which their opinion is based. (ii) For purposes of this section, the significant dispute may be as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony. (iii) Under this section, a significant dispute can be established by credible expert testimony or declaration, or by peer reviewed literature showing that experts in the relevant medical, scientific, or forensic community, substantial in number or expertise, have concluded that developments have occurred that undermine the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony. (iv) In assessing whether a dispute is significant, the court shall give great weight to evidence that a consensus has developed in the relevant medical, scientific, or forensic community undermining the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony or that there is a lack of consensus as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony. (v) The significant dispute must have emerged or further developed within the relevant medical, scientific, or forensic community, which includes the scientific community and all fields of scientific knowledge on which those fields or disciplines rely and shall not be limited to practitioners or proponents of a particular scientific or technical field or discipline. (vi) If the petitioner makes a prima facie showing that they are entitled to relief, the court shall issue an order to show cause why relief shall not be granted. To obtain relief, all the elements of this subparagraph must be established by a preponderance of the evidence. (2) For purposes of this subdivision, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by the state of scientific knowledge or later scientific research or technological advances. (3) Any allegation that the prosecution knew or should have known of the false nature of the evidence is immaterial to the prosecution of a writ of habeas corpus brought under subparagraph (A) or (B) of paragraph (1). (4) This subdivision does not create additional liabilities, beyond those already recognized, for an expert who repudiates the original opinion provided at a hearing or trial or whose opinion has been undermined by scientific research, technological advancements, or because of a reasonable dispute within the expert’s relevant scientific community as to the validity of the methods, theories, research, or studies upon which the expert based their opinion. (c) This section does not change the existing procedures for habeas relief, except as provided in subdivision (e). (d) This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies. (e) Notwithstanding any other law, a writ of habeas corpus may also be prosecuted after judgment has been entered based on evidence that a criminal conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745, if that section applies based on the date of judgment as provided in subdivision (j) of Section 745. (1) Any and all definitions and legal thresholds specified in Section 745 are controlling for purposes of claims alleging a violation of subdivision (a) of Section 745 contained within a habeas petition filed under this section. (2) A petitioner, or their counsel, may file a motion for relevant evidence under subdivision (d) of Section 745 upon the prosecution of a petition under this subdivision, or in preparation to file a petition. (3) A petition raising a claim of this nature for the first time, or on the basis of new discovery provided by the state or other new evidence that could not have been previously known by the petitioner with due diligence, shall not be deemed a successive or abusive petition. (4) If the petitioner has a habeas corpus petition pending in state court, but it has not yet been decided, the petitioner may amend the existing petition with a claim that the petitioner’s conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745. (5) The petition shall state if the petitioner requests appointment of counsel and the court shall appoint counsel if the petitioner cannot afford counsel and either the petition pleads a plausible allegation of a violation of subdivision (a) of Section 745 or the State Public Defender requests counsel be appointed. Newly appointed counsel may amend a petition filed before their appointment. (6) If the defendant is represented by an attorney and the petition alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, based in whole or in part on the conduct of one or more law enforcement officers, the attorney shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers. (7) (A) The court shall review a petition raising a claim pursuant to Section 745 and shall determine if the petitioner has made a prima facie showing. A prima facie determination shall be based on the petitioner’s showing and the record. The court may request an informal response from the state. (B) If the petitioner makes a prima facie showing, the court shall issue an order to show cause why relief shall not be granted and hold an evidentiary hearing, unless the state declines to show cause. The defendant may appear remotely, and the court may conduct the hearing through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed. (C) If the court determines that the petitioner has not established a prima facie showing, the court shall state the factual and legal basis for its conclusion on the record or issue a written order detailing the factual and legal basis for its conclusion. (8) If the court finds a violation of subdivision (a), the court shall impose one or more of the applicable remedies as outlined in subdivision (e) of Section 745. (f) If the court holds an evidentiary hearing and the petitioner is incarcerated in state prison, the petitioner may choose not to appear for the hearing with a signed or oral waiver on record, or they may appear remotely through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed. (g) For purposes of this section, if the district attorney in the county of conviction or the Attorney General concedes or stipulates to a factual or legal basis for habeas relief, there shall be a presumption in favor of granting relief. This presumption may be overcome only if the record before the court contradicts the concession or stipulation or it would lead to the court issuing an order contrary to law. (h) (1) If after the court grants postconviction relief under this section and the prosecuting agency elects to retry the petitioner, the petitioner’s postconviction counsel may be appointed as counsel or cocounsel to represent the petitioner on the retrial if both of the following requirements are met: (A) The petitioner and postconviction counsel both agree for postconviction counsel to be appointed. (B) Postconviction counsel is qualified to handle trials. (2) Counsel shall be paid under the applicable pay scale for appointed counsel. Otherwise, the court shall appoint other appropriate counsel. (Amended by Stats. 2025, Ch. 784, Sec. 3.5. (SB 734) Effective January 1, 2026.)
  138. 1473.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    The Judicial Council must set standards for appointing private counsel in superior court habeas claims for non-death-sentenced individuals, and those standards must include at least 10 hours of training on the California Racial Justice Act of 2020.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1473.1. The Judicial Council shall promulgate standards for appointment of private counsel in superior court for claims filed pursuant to subdivision (e) of Section 1473 by individuals who are not sentenced to death. These standards shall include a minimum requirement of 10 hours of training in the California Racial Justice Act of 2020. The training required by this section shall meet the requirements for Minimum Continuing Legal Education credit approved by the State Bar of California. Appointment standards for counsel where an individual has been sentenced to death shall be consistent with existing standards set forth in the California Rules of Court. (Amended by Stats. 2025, Ch. 241, Sec. 29. (SB 857) Effective January 1, 2026.)
  139. 1473.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    This section allows a habeas corpus petition based on missing competent and substantial expert testimony about intimate partner battering and its effects, if that omission could reasonably have changed the result.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1473.5. (a) A writ of habeas corpus also may be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering and its effects, within the meaning of Section 1107 of the Evidence Code, was not presented to the trier of fact at the trial court proceedings and is of such substance that, had the competent and substantial expert testimony been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, that the result of the proceedings would have been different. Sections 1260 to 1262, inclusive, apply to the prosecution of a writ of habeas corpus pursuant to this section. As used in this section, “trial court proceedings” means those court proceedings that occur from the time the accusatory pleading is filed until and including judgment and sentence. (b) This section is limited to violent felonies as specified in subdivision (c) of Section 667.5 that were committed before August 29, 1996, and that resulted in judgments of conviction or sentence after a plea or trial as to which expert testimony admissible pursuant to Section 1107 of the Evidence Code may be probative on the issue of culpability. (c) A showing that expert testimony relating to intimate partner battering and its effects was presented to the trier of fact is not a bar to granting a petition under this section if that expert testimony was not competent or substantial. The burden of proof is on the petitioner to establish a sufficient showing that competent and substantial expert testimony, of a nature which would be competent using prevailing understanding of intimate partner battering and its effects, was not presented to the trier of fact, and had that evidence been presented, there is a reasonable probability that the result of the proceedings would have been different. (d) If a petitioner for habeas corpus under this section has previously filed a petition for writ of habeas corpus, it is grounds for denial of the new petition if a court determined on the merits in the prior petition that the omission of expert testimony relating to battered women’s syndrome or intimate partner battering and its effects at trial was not prejudicial and did not entitle the petitioner to the writ of habeas corpus. (e) For purposes of this section, the changes that become effective on January 1, 2005, are not intended to expand the uses or applicability of expert testimony on battering and its effects that were in effect immediately prior to that date in criminal cases. (Amended by Stats. 2012, Ch. 803, Sec. 1. (AB 593) Effective January 1, 2013.)
  140. 1473.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    Some people may ask to vacate a judgment based on certain newly discovered evidence, but the motion must be filed within one year of the later trigger date.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1473.6. (a) Any person no longer unlawfully imprisoned or restrained may prosecute a motion to vacate a judgment for any of the following reasons: (1) Newly discovered evidence of fraud by a government official that completely undermines the prosecution’s case, is conclusive, and points unerringly to his or her innocence. (2) Newly discovered evidence that a government official testified falsely at the trial that resulted in the conviction and that the testimony of the government official was substantially probative on the issue of guilt or punishment. (3) Newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment. Evidence of misconduct in other cases is not sufficient to warrant relief under this paragraph. (b) For purposes of this section, “newly discovered evidence” is evidence that could not have been discovered with reasonable diligence prior to judgment. (c) The procedure for bringing and adjudicating a motion under this section, including the burden of producing evidence and the burden of proof, shall be the same as for prosecuting a writ of habeas corpus. (d) A motion pursuant to this section must be filed within one year of the later of the following: (1) The date the moving party discovered, or could have discovered with the exercise of due diligence, additional evidence of the misconduct or fraud by a government official beyond the moving party’s personal knowledge. (2) The effective date of this section. (Added by Stats. 2002, Ch. 1105, Sec. 3. Effective January 1, 2003.)
  141. 1473.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person no longer in criminal custody may seek to vacate a conviction or sentence on specified grounds, and the court must grant relief if the statutory showing is made.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1473.7. (a) A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons: (1) The conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. A finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel. (2) Newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. (3) (A) A conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of subdivision (a) of Section 745. (B) If the motion alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, based in whole or in part on the conduct of one or more law enforcement officers, the person shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers. (b) (1) Except as provided in paragraph (2), a motion pursuant to paragraph (1) of subdivision (a) shall be deemed timely filed at any time in which the individual filing the motion is no longer in criminal custody. (2) A motion pursuant to paragraph (1) of subdivision (a) may be deemed untimely filed if it was not filed with reasonable diligence after the later of the following: (A) The moving party receives a notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the denial of an application for an immigration benefit, lawful status, or naturalization. (B) Notice that a final removal order has been issued against the moving party, based on the existence of the conviction or sentence that the moving party seeks to vacate. (c) A motion pursuant to paragraph (2) or (3) of subdivision (a) shall be filed without undue delay from the date the moving party discovered, or could have discovered with the exercise of due diligence, the evidence that provides a basis for relief under this section or Section 745. (d) All motions shall be entitled to a hearing. Upon the request of the moving party, the court may hold the hearing without the personal presence of the moving party provided that it finds good cause as to why the moving party cannot be present. If the prosecution has no objection to the motion, the court may grant the motion to vacate the conviction or sentence without a hearing. (e) In preparation for the filing of a motion pursuant to paragraph (3) of subdivision (a), the defendant may file a motion to obtain discovery as outlined in subdivision (d) of Section 745. (f) When ruling on the motion: (1) The court shall grant the motion to vacate the conviction or sentence if the moving party establishes, by a preponderance of the evidence, the existence of any of the grounds for relief specified in subdivision (a). For a motion made pursuant to paragraph (1) of subdivision (a), the moving party shall also establish that the conviction or sentence being challenged is currently causing or has the potential to cause removal or the denial of an application for an immigration benefit, lawful status, or naturalization. (2) There is a presumption of legal invalidity for the purposes of paragraph (1) of subdivision (a) if the moving party pleaded guilty or nolo contendere pursuant to a statute that provided that, upon completion of specific requirements, the arrest and conviction shall be deemed never to have occurred, where the moving party complied with these requirements, and where the disposition under the statute has been, or potentially could be, used as a basis for adverse immigration consequences. (3) If the court grants the motion to vacate a conviction or sentence obtained through a plea of guilty or nolo contendere, the court shall allow the moving party to withdraw the plea. (4) When ruling on a motion under paragraph (1) of subdivision (a), the only finding that the court is required to make is whether the conviction is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. When ruling on a motion under paragraph (2) of subdivision (a), the court shall specify the basis for its conclusion. (5) If the court grants a motion made pursuant to paragraph (3) of subdivision (a), the court shall impose one or more of the applicable remedies as outlined in subdivision (e) of Section 745. (g) An order granting or denying the motion is appealable under subdivision (b) of Section 1237 as an order after judgment affecting the substantial rights of a party. (h) A court may only issue a specific finding of ineffective assistance of counsel as a result of a motion brought under paragraph (1) of subdivision (a) if the attorney found to be ineffective was given timely advance notice of the motion hearing by the moving party or the prosecutor, pursuant to Section 416.90 of the Code of Civil Procedure. (Amended by Stats. 2025, Ch. 784, Sec. 4.5. (SB 734) Effective January 1, 2026.)
  142. 1474.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A habeas corpus application must be made by petition, signed by the person seeking relief or someone acting for them, and verified by oath or affirmation.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1474. Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify: 1. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained, and the place where, naming all the parties, if they are known, or describing them, if they are not known; 2. If the imprisonment is alleged to be illegal, the petition must also state in what the alleged illegality consists; 3. The petition must be verified by the oath or affirmation of the party making the application. (Enacted 1872.)
  143. 1475.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    Habeas corpus applications must be verified and include prior-application details, and required copies must be served on the proper prosecutors before the writ is returnable.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1475. The writ of habeas corpus may be granted in the manner provided by law. If the writ has been granted by any court or a judge thereof and after the hearing thereof the prisoner has been remanded, he or she shall not be discharged from custody by the same or any other court of like general jurisdiction, or by a judge of the same or any other court of like general jurisdiction, unless upon some ground not existing in fact at the issuing of the prior writ. Should the prisoner desire to urge some point of law not raised in the petition for or at the hearing upon the return of the prior writ, then, in case the prior writ had been returned or returnable before a superior court or a judge thereof, no writ can be issued upon a second or other application except by the appropriate court of appeal or some judge thereof, or by the Supreme Court or some judge thereof, and in the event the writ must not be made returnable before any superior court or any judge thereof. In the event, however, that the prior writ was returned or made returnable before a court of appeal or any judge thereof, no writ can be issued upon a second or other application except by the Supreme Court or some judge thereof, and the writ must be made returnable before said Supreme Court or some judge thereof. Every application for a writ of habeas corpus must be verified, and shall state whether any prior application or applications have been made for a writ in regard to the same detention or restraint complained of in the application, and if any prior application or applications have been made the later application must contain a brief statement of all proceedings had therein, or in any of them, to and including the final order or orders made therein, or in any of them, on appeal or otherwise. Whenever the person applying for a writ of habeas corpus is held in custody or restraint by any officer of any court of this state or any political subdivision thereof, or by any peace officer of this state, or any political subdivision thereof, a copy of the application for the writ must in all cases be served upon the district attorney of the county wherein the person is held in custody or restraint at least 24 hours before the time at which said writ is made returnable and no application for the writ can be heard without proof of service in cases where the service is required. If the person is in custody for violation of an ordinance of a city which has a city attorney, a copy of the application for the writ must also be served on the city attorney of the city whose ordinance is the basis for the charge at least 24 hours before the time at which the writ is made returnable, provided that failure to serve the city attorney shall not deprive the court of jurisdiction to hear the application. If a writ challenging a denial of parole or the applicant’s suitability for parole is then made returnable, a copy of the application for the writ and the related order to show cause shall in all cases be served by the superior court upon the office of the Attorney General and the district attorney of the county in which the underlying judgment was rendered at least three business days before the time at which the writ is made returnable and no application for the writ can be heard without proof of such service. (Amended by Stats. 2006, Ch. 274, Sec. 1. Effective January 1, 2007.)
  144. 1476.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A court or judge authorized to grant habeas corpus must note petition and decision times on the petition, decide promptly if the writ should issue, and may grant bail in some criminal custody cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1476. Any court or judge authorized to grant the writ, to whom a petition therefor is presented, must endorse upon the petition the hour and date of its presentation and the hour and date of the granting or denial of the writ, and must, if it appear that the writ ought to issue, grant the same without delay; and if the person by or upon whose behalf the application for the writ is made be detained upon a criminal charge, may admit him to bail, if the offense is bailable, pending the determination of the proceeding. (Amended by Stats. 1949, Ch. 1021.)
  145. 1477.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A writ of habeas corpus must be directed to the person holding or restraining the subject and must require that person to bring the subject before the court or judge at the specified time and place.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1477. The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to have the body of such person before the Court or Judge before whom the writ is returnable, at a time and place therein specified. (Enacted 1872.)
  146. 1478.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    This section says how a habeas corpus writ must be delivered and served, depending on who it is directed to.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1478. If the writ is directed to the sheriff or other ministerial officer of the court out of which it issues, it must be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person, it must be delivered to the sheriff or a marshal, and be by him served upon such person by delivering the copy to him without delay, and make his return on the original to the court of issuance. If the person to whom the writ is directed cannot be found, or refuses admittance to the officer or person serving or delivering such writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint. (Amended by Stats. 1968, Ch. 479.)
  147. 1479.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If a person refuses to obey the writ after service, the court or judge must issue an attachment, and the sheriff or coroner must promptly arrest and bring that person before the court or judge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1479. If the person to whom the writ is directed refuses, after service, to obey the same, the Court or Judge, upon affidavit, must issue an attachment against such person, directed to the Sheriff or Coroner, commanding him forthwith to apprehend such person and bring him immediately before such Court or Judge; and upon being so brought, he must be committed to the jail of the county until he makes due return to such writ, or is otherwise legally discharged. (Enacted 1872.)
  148. 148.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    This section makes it an offence to resist or obstruct certain officers or EMTs, interfere with public-safety radio traffic, or unlawfully take weapons or firearms from officers, and it sets fines and jail terms for those acts.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. (c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: (1) The officer’s holster strap was unfastened by the defendant. (2) The firearm was partially removed from the officer’s holster by the defendant. (3) The firearm safety was released by the defendant. (4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. (5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. (6) The defendant’s fingerprint was found on the firearm or holster. (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. (8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. (e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. (g) The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person. (Amended by Stats. 2015, Ch. 177, Sec. 2. (SB 411) Effective January 1, 2016.)
  149. 148.1.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a crime to make false bomb or explosive reports, or to send or possess false or facsimile bombs with the intent to frighten others.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.1. (a) Any person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, employee of a fire department or fire service, district attorney, newspaper, radio station, television station, deputy district attorney, employees of the Department of Justice, employees of an airline, employees of an airport, employees of a railroad or busline, an employee of a telephone company, occupants of a building or a news reporter in the employ of a newspaper or radio or television station, that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the report is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170. (b) Any person who reports to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the report is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170 if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer. (c) Any person who maliciously informs any other person that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the information is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170. (d) Any person who maliciously gives, mails, sends, or causes to be sent any false or facsimile bomb to another person, or places, causes to be placed, or maliciously possesses any false or facsimile bomb, with the intent to cause another to fear for his or her personal safety or the safety of others, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 259. (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.)
  150. 148.10.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person who willfully resists a peace officer while the officer is performing official duties, and whose resistance proximately causes death or serious bodily injury, is subject to criminal punishment.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.10. (a) Every person who willfully resists a peace officer in the discharge or attempt to discharge any duty of his or her office or employment and whose willful resistance proximately causes death or serious bodily injury to a peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by a fine of not less than one thousand dollars ($1,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) For purposes of subdivision (a), the following facts shall be found by the trier of fact: (1) That the peace officer’s action was reasonable based on the facts or circumstances confronting the officer at the time. (2) That the detention and arrest was lawful and there existed probable cause or reasonable cause to detain. (3) That the person who willfully resisted any peace officer knew or reasonably should have known that the other person was a peace officer engaged in the performance of his or her duties. (c) This section does not apply to conduct that occurs during labor picketing, demonstrations, or disturbing the peace. (d) For purposes of this section, “serious bodily injury” is defined in paragraph (4) of subdivision (f) of Section 243. (Amended by Stats. 2011, Ch. 15, Sec. 262. (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.)
  151. 148.2.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person who willfully interferes with firefighters or emergency rescue personnel, disobeys their lawful orders, disrupts fire suppression, or stops others from helping extinguish a fire 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.2. Every person who willfully commits any of the following acts at the burning of a building or at any other time and place where any fireman or firemen or emergency rescue personnel are discharging or attempting to discharge an official duty, is guilty of a misdemeanor: 1. Resists or interferes with the lawful efforts of any fireman or firemen or emergency rescue personnel in the discharge or attempt to discharge an official duty. 2. Disobeys the lawful orders of any fireman or public officer. 3. Engages in any disorderly conduct which delays or prevents a fire from being timely extinguished. 4. Forbids or prevents others from assisting in extinguishing a fire or exhorts another person, as to whom he has no legal right or obligation to protect or control, from assisting in extinguishing a fire. (Amended by Stats. 1973, Ch. 471.)
  152. 148.3.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Making a false emergency report to listed government agencies can be a misdemeanor or felony, with jail, prison, fines, and possible liability for emergency response costs.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.3. (a) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, knowing that the report is false, is guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (b) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, who knows that the report is false, and who knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony and upon conviction thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine. (c) “Emergency” as used in this section means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, aircraft, or vessel, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any individual may enter, or any situation that results in or could result in activation of the Emergency Alert System pursuant to Section 8594 of the Government Code. An activation or possible activation of the Emergency Alert System pursuant to Section 8594 of the Government Code shall not constitute an “emergency” for purposes of this section if it occurs as the result of a report made or caused to be made by a parent, guardian, or lawful custodian of a child that is based on a good faith belief that the child is missing. (d) Nothing in this section precludes punishment for the conduct described in subdivision (a) or (b) under any other section of law providing for greater punishment for that conduct. (e) Any individual convicted of violating this section, based upon a report that resulted in an emergency response, is liable to a public agency for the reasonable costs of the emergency response by that public agency. (Amended by Stats. 2013, Ch. 284, Sec. 1. (SB 333) Effective January 1, 2014.)
  153. 148.4.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    Any person who willfully and maliciously tampers with fire protection equipment or sends a false fire alarm commits an offence; the false-alarm conduct becomes a felony if it causes great bodily injury or death.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.4. (a) Any person who does any of the following is guilty of a misdemeanor and upon conviction is punishable by imprisonment in a county jail, not exceeding one year, or by a fine, not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment: (1) Willfully and maliciously tampers with, molests, injures, or breaks any fire protection equipment, fire protection installation, fire alarm apparatus, wire, or signal. (2) Willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any fire alarm system or signal or by any other means or methods. (b) Any person who willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any fire alarm system or signal, or by any other means or methods, is guilty of a felony and upon conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment, if any person sustains as a result thereof, any of the following: (1) Great bodily injury. (2) Death. (Amended by Stats. 2011, Ch. 15, Sec. 261. (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.)
  154. 148.5.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a misdemeanor to knowingly make a false report that a felony or misdemeanor has been committed to listed peace officers, certain agency employees, or a grand jury.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.5. (a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. (b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer. (c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision. (d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury. (e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse. (f) This section applies to a person who reports to a person described in subdivision (a), (b), or (c), that a firearm, as defined in subdivision (a) or (b) of Section 16520, has been lost or stolen, knowing the report to be false. (Amended by Stats. 2016, Ch. 47, Sec. 1. (AB 1695) Effective January 1, 2017.)
  155. 148.6.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    It is a misdemeanor to knowingly file a false misconduct complaint against a peace officer or a false civil claim or lien against an officer, and law enforcement agencies must give complainants the advisory and keep civilian complaint records for at least five years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.6. (a) (1) Every person who files any allegation of misconduct against any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, knowing the allegation to be false, is guilty of a misdemeanor. (2) A law enforcement agency accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following advisory, all in boldface type: YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS’ COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE. I have read and understood the above statement. Complainant _____ (3) The advisory shall be available in multiple languages. (b) Every person who files a civil claim against a peace officer or a lien against his or her property, knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out his or her official duties, is guilty of a misdemeanor. This section applies only to claims pertaining to actions that arise in the course and scope of the peace officer’s duties. (Amended by Stats. 2016, Ch. 99, Sec. 2. (AB 1953) Effective January 1, 2017.)
  156. 148.7.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person may not pretend to be another person to a public officer or employee in order to serve that other person's jail, road camp, industrial farm, or probation confinement sentence.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.7. Every person who, for the purpose of serving in any county or city jail, industrial farm or road camp, or other local correctional institution any part or all of the sentence of another person, or any part or all of a term of confinement that is required to be served by another person as a condition of probation, represents to any public officer or employee that he is such other person, is guilty of a misdemeanor. (Added by Stats. 1963, Ch. 577.)
  157. 148.9.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person may not falsely identify themselves as someone else or as a fictitious person to certain peace officers during a lawful detention or arrest.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 148.9. (a) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor. (b) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the arresting officer is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer. (Amended by Stats. 1998, Ch. 760, Sec. 3. Effective January 1, 1999.)
  158. 1480.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person served with a habeas corpus writ must make a clear return answering specific questions about custody, authority, detention documents, any transfer of custody, and must sign the return; verification by oath is required unless the person is a sworn public officer acting officially.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1480. The person upon whom the writ is served must state in his return, plainly and unequivocally: 1. Whether he has or has not the party in his custody, or under his power or restraint; 2. If he has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint; 3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the Court or Judge on the hearing of such return; 4. If the person upon whom the writ is served had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place; 5. The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath. (Enacted 1872.)
  159. 1481.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If a served writ is directed to someone, that person must bring the detainee or restrained person before the court as commanded, unless a later section provides an exception.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1481. The person to whom the writ is directed, if it is served, must bring the body of the party in his custody or under his restraint, according to the command of the writ, except in the cases specified in the next section. (Enacted 1872.)
  160. 1482.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If the detained person cannot be safely brought to court because of sickness or infirmity, the custodian may explain that in the habeas return with an affidavit, and the court may decide on that return or postpone the hearing.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1482. When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the Court or Judge, the person in whose custody or power he is may state that fact in his return to the writ, verifying the same by affidavit. If the Court or Judge is satisfied of the truth of such return, and the return to the writ is otherwise sufficient, the Court or Judge may proceed to decide on such return, and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced. (Enacted 1872.)
  161. 1483.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    The court or judge receiving the returned writ must immediately hear and examine the return.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1483. The Court or Judge before whom the writ is returned must, immediately after the return, proceed to hear and examine the return, and such other matters as may be properly submitted to their hearing and consideration. (Enacted 1872.)
  162. 1484.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person brought before the court on a habeas corpus return may challenge the return and claim unlawful detention or entitlement to discharge; the court or judge must then hold a summary hearing and may compel witnesses.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1484. The party brought before the Court or Judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The Court or Judge must thereupon proceed in a summary way to hear such proof as may be produced against such imprisonment or detention, or in favor of the same, and to dispose of such party as the justice of the case may require, and have full power and authority to require and compel the attendance of witnesses, by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing and determination of the case. (Enacted 1872.)
  163. 1485.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If no legal cause is shown for an imprisonment or restraint, the court or judge must release the person from custody or restraint.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1485. If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such Court or Judge must discharge such party from the custody or restraint under which he is held. (Enacted 1872.)
  164. 1485.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    The district attorney must give the Attorney General at least 7 days’ notice before entering a stipulation of facts used to grant habeas relief or vacate a judgment. In specified habeas-related proceedings, factual findings that form the basis of the court’s ruling are binding on the Attorney General, the factfinder, and the California Victim Compensation Board.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1485.5. (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. (b) The district attorney shall provide notice to the Attorney General no fewer than seven days before entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment. A response from the Attorney General is not required to proceed with the stipulation. (c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, during proceedings on a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. (d) For the purposes of this section, “express factual findings” are findings established as the basis for the court’s rulings or orders. (e) For purposes of this section, “court” is defined as a state or federal court. (Amended by Stats. 2023, Ch. 702, Sec. 2. (SB 78) Effective January 1, 2024.)
  165. 1485.55.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    This section requires the California Victim Compensation Board to approve payment on certain factual-innocence findings, and lets a person or petitioner seek those findings after specified habeas corpus or judgment-vacatur outcomes.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner. (c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. (2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation. (f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section. (g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (h) For the purposes of this section, unless otherwise stated, “court” is defined as a state or federal court. (Amended by Stats. 2023, Ch. 702, Sec. 3. (SB 78) Effective January 1, 2024.)
  166. 1486.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A court or judge must remand a detained person if the lawful detention period has not expired and the detention fits the listed custody grounds.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1486. The Court or Judge, if the time during which such party may be legally detained in custody has not expired, must remand such party, if it appears that he is detained in custody: 1. By virtue of process issued by any Court or Judge of the United States, in a case where such Court or Judge has exclusive jurisdiction; or, 2. By virtue of the final judgment or decree of any competent Court of criminal jurisdiction, or of any process issued upon such judgment or decree. (Enacted 1872.)
  167. 1487.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A prisoner held under process from a California court, judge, or officer may be discharged in certain listed situations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1487. If it appears on the return of the writ that the prisoner is in custody by virtue of process from any Court of this State, or Judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last section: 1. When the jurisdiction of such Court or officer has been exceeded; 2. When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge; 3. When the process is defective in some matter of substance required by law, rendering such process void; 4. When the process, though proper in form, has been issued in a case not allowed by law; 5. When the person having the custody of the prisoner is not the person allowed by law to detain him; 6. Where the process is not authorized by any order, judgment, or decree of any Court, nor by any provision of law; 7. Where a party has been committed on a criminal charge without reasonable or probable cause. (Enacted 1872.)
  168. 1488.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person held in custody under a magistrate’s commitment warrant must not be discharged just because the warrant has a mere defect in form.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1488. If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a magistrate, such person must not be discharged on the ground of any mere defect of form in the warrant of commitment. (Amended by Stats. 1951, Ch. 1608.)
  169. 1489.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If the court or judge finds certain evidence in a habeas corpus matter, it must subpoena the complainant or necessary witnesses, and after examination it may discharge the prisoner, grant bail if the offense is bailable, or recommit the prisoner to custody.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1489. If it appears to the Court or Judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the Court or Judge, that the party is guilty of a criminal offense, or ought not to be discharged, such Court or Judge, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, must cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the Court or Judge; and upon the examination he may discharge such prisoner, let him to bail, if the offense be bailable, or recommit him to custody, as may be just and legal. (Enacted 1872.)
  170. 149.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A public officer who, under color of authority and without lawful necessity, assaults or beats a person is punishable by a fine, jail time, or both.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 149. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 263. (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.)
  171. 1490.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person jailed or held on a criminal charge because bail has not been set can ask for habeas corpus to obtain bail, if the petition states that fact.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1490. When a person is imprisoned or detained in custody on any criminal charge, for want of bail, such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition, without alleging that he is illegally confined. (Enacted 1872.)
  172. 1491.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A judge may take bail and file it with the proper court in a bailable habeas corpus case, and bail must be set immediately in certain nonviolent cases if it has not already been fixed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1491. Any judge before whom a person who has been committed upon a criminal charge may be brought on a writ of habeas corpus, if the same is bailable, may take an undertaking of bail from such person as in other cases, and file the same in the proper court. Whenever a writ of habeas corpus is returned to a court for hearing and the petitioner is charged with an offense other than a crime of violence or committed with a deadly weapon or involving the forcible taking or destruction of the property of another, but the prisoner does not stand convicted of any offense, the amount of the bail must be set immediately if no bail has theretofore been fixed. (Amended by Stats. 1933, Ch. 595.)
  173. 1492.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If a person brought before the court on habeas corpus is not entitled to discharge and is not bailed when bail is allowed, the court or judge must remand the person to custody or back to the prior restraint if the custodian is legally entitled to keep the person.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1492. If a party brought before the Court or Judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowable, the Court or Judge must remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto. (Enacted 1872.)
  174. 1493.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If someone is being held illegally, a judge or court may order that person transferred to the custody of the person legally entitled to them.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1493. In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the Judge or Court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto. (Enacted 1872.)
  175. 1494.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A court or judge may, before judgment on the return of a writ, commit the person to the county sheriff’s custody or place the person in other care or custody as needed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1494. Until judgment is given on the return, the Court or Judge before whom any party may be brought on such writ may commit him to the custody of the Sheriff of the county, or place him in such care or under such custody as his age or circumstances may require. (Enacted 1872.)
  176. 1495.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A writ of habeas corpus cannot be ignored just because of a defect in form if it still shows who has custody or restraint of the prisoner, the detaining officer or person, and the court or judge before whom the person must be brought.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1495. No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the Court or Judge before whom he is to be brought. (Enacted 1872.)
  177. 1496.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person released on habeas corpus generally cannot be jailed or held again for the same cause, with two stated exceptions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1496. No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases: 1. If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process; 2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense. (Enacted 1872.)
  178. 1497.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A court or judge authorized to issue habeas corpus may issue a warrant if someone is being unlawfully held and may be removed from the court’s jurisdiction or suffer irreparable injury before the writ can be enforced.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1497. When it appears to any court, or judge, authorized by law to issue the writ of habeas corpus, that any one is illegally held in custody, confinement, or restraint, and that there is reason to believe that the person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued, reciting the facts, and directed to any peace officer, commanding the peace officer to take the person held in custody, confinement, or restraint, and immediately bring him or her before the court or judge, to be dealt with according to law. (Amended by Stats. 1983, Ch. 990, Sec. 8.)
  179. 1498.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A court or judge may add a command to the warrant for arresting a person accused of illegal detention or restraint.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1498. The Court or Judge may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint. (Enacted 1872.)
  180. 1499.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    An officer who receives the warrant must carry out the warrant by bringing the named person before the court or judge that issued it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1499. The officer to whom such warrant is delivered must execute it by bringing the person therein named before the Court or Judge who directed the issuing of such warrant. (Enacted 1872.)
  181. 1500.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person alleged to have someone under illegal confinement or restraint may make a return to the warrant, as in a habeas corpus matter.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1500. The person alleged to have such party under illegal confinement or restraint may make return to such warrant as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial may thereupon be had as upon a return to a writ of habeas corpus. (Enacted 1872.)
  182. 15001.

    ## Penal Code - PEN ## PART 5. PEACE OFFICERS' MEMORIAL [15001 - 15003] ( Part 5 added by Stats. 1985, Ch. 1518, Sec. 1. )

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    The construction of a memorial to California peace officers on State Capitol grounds is authorized, the memorial site is to be selected by the commission after consultation, and funding is to come from private contributions.

    ## Penal Code - PEN ## PART 5. PEACE OFFICERS' MEMORIAL [15001 - 15003] ( Part 5 added by Stats. 1985, Ch. 1518, Sec. 1. ) ## 15001. (a) The construction of a memorial to California peace officers on the grounds of the State Capitol is hereby authorized. For purposes of this part, the grounds of the State Capitol are that property in the City of Sacramento bounded by Ninth, Fifteenth, “L,” and “N” Streets. The actual site for the memorial shall be selected by the commission after consultation with the Department of General Services and the State Office of Historic Preservation. (b) Funds for the construction of the memorial shall be provided through private contributions for this purpose. (Added by Stats. 1985, Ch. 1518, Sec. 1.)
  183. 15003.

    ## Penal Code - PEN ## PART 5. PEACE OFFICERS' MEMORIAL [15001 - 15003] ( Part 5 added by Stats. 1985, Ch. 1518, Sec. 1. )

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    The California Peace Officers’ Memorial Foundation, Inc. must conduct peace officer memorial ceremonies, including the memorial dedication and later ceremonies.

    ## Penal Code - PEN ## PART 5. PEACE OFFICERS' MEMORIAL [15001 - 15003] ( Part 5 added by Stats. 1985, Ch. 1518, Sec. 1. ) ## 15003. Peace officer memorial ceremonies, including the dedication of the memorial and any subsequent ceremonies, shall be conducted by the California Peace Officers’ Memorial Foundation, Inc. (Amended by Stats. 2016, Ch. 86, Sec. 242. (SB 1171) Effective January 1, 2017.)
  184. 1501.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A person held under illegal restraint or custody must be released; otherwise, the person must be returned to the lawful custodian.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1501. If such party is held under illegal restraint or custody, he must be discharged; and if not, he must be restored to the care or custody of the person entitled thereto. (Enacted 1872.)
  185. 1502.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    Writs or processes authorized by this chapter may be issued and served on any day or at any time.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1502. Any writ or process authorized by this Chapter may be issued and served on any day or at any time. (Enacted 1872.)
  186. 1503.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    The Clerk of the Court must issue all writs, warrants, process, and subpoenas authorized by this chapter; they must be served and returned promptly, unless the court or judge sets a different return time.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1503. All writs, warrants, process, and subpoenas authorized by the provisions of this Chapter must be issued by the Clerk of the Court, and, except subpoenas, must be sealed with the seal of such Court, and served and returned forthwith, unless the Court or Judge shall specify a particular time for any such return. (Enacted 1872.)
  187. 1504.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    When a writ or process is returnable before a judge, it must be returned at the county seat and heard and determined there.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1504. All such writs and process, when made returnable before a Judge, must be returned before him at the county seat, and there heard and determined. (Amended by Code Amendments 1880, Ch. 6.)
  188. 1505.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    If the person receiving a habeas corpus writ refuses to obey it, they must forfeit and pay up to $10,000 to the aggrieved person.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1505. If the officer or person to whom a writ of habeas corpus is directed, refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding ten thousand dollars ($10,000), to be recovered by action in any court of competent jurisdiction. (Amended by Stats. 1983, Ch. 1092, Sec. 322.5. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  189. 1506.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    This section sets who may appeal or seek Supreme Court review in habeas corpus cases, requires those filings to follow Judicial Council rules, and allows bail or a stay in certain circumstances.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1506. An appeal may be taken to the court of appeal by the people from a final order of a superior court made upon the return of a writ of habeas corpus discharging a defendant or otherwise granting all or any part of the relief sought, in all criminal cases, excepting criminal cases where judgment of death has been rendered, and in such cases to the Supreme Court; and in all criminal cases where an application for a writ of habeas corpus has been heard and determined in a court of appeal, either the defendant or the people may apply for a hearing in the Supreme Court. Such appeal shall be taken and such application for hearing in the Supreme Court shall be made in accordance with rules to be laid down by the Judicial Council. If the people appeal from an order granting the discharge or release of the defendant, or petition for hearing in either the court of appeal or the Supreme Court, the defendant shall be admitted to bail or released on his own recognizance or any other conditions which the court deems just and reasonable, subject to the same limitations, terms, and conditions which are applicable to, or may be imposed upon, a defendant who is awaiting trial. If the order grants relief other than a discharge or release from custody, the trial court or the court in which the appeal or petition for hearing is pending may, upon application by the people, in its discretion, and upon such conditions as it deems just stay the execution of the order pending final determination of the matter. (Amended by Stats. 1975, Ch. 1080.)
  190. 1507.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A non-defendant habeas corpus applicant may appeal a granting order to the Court of Appeal, may seek a hearing in the Supreme Court after Court of Appeal proceedings, and the court may stay execution of the order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1507. Where an application for a writ of habeas corpus has been made by or on behalf of any person other than a defendant in a criminal case, an appeal may be taken to the court of appeal from a final order of a superior court granting all or any part of the relief sought; and where such application has been heard and determined in a court of appeal, either on an application filed in that court or on appeal from a superior court, and all or any part of the relief sought has been granted, an application may be made for a hearing in the Supreme Court. Such appeal shall be taken and such application for hearing in the Supreme Court shall be made in accordance with rules to be laid down by the Judicial Council. The court which made the order granting relief or the court in which the appeal or petition for hearing is pending may, in its discretion, and upon such conditions as it deems just stay the execution of the order pending final determination of the matter. (Amended by Stats. 1967, Ch. 17.)
  191. 1508.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    A writ of habeas corpus may be made returnable before specified judges or courts, depending on which court issued it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1508. (a) A writ of habeas corpus issued by the Supreme Court or a judge thereof may be made returnable before the issuing judge or his court, before any court of appeal or judge thereof, or before any superior court or judge thereof. (b) A writ of habeas corpus issued by a court of appeal or a judge thereof may be made returnable before the issuing judge or his court or before any superior court or judge thereof located in that appellate district. (c) A writ of habeas corpus issued by a superior court or a judge thereof may be made returnable before the issuing judge or his court. (Added by Stats. 1969, Ch. 38.)
  192. 1509.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    This section sets special habeas corpus rules for people in death-judgment custody, including filing deadlines, transfer and assignment rules, counsel offers, disclosure duties, and time limits for court decisions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1509. (a) This section applies to any petition for writ of habeas corpus filed by a person in custody pursuant to a judgment of death. A writ of habeas corpus pursuant to this section is the exclusive procedure for collateral attack on a judgment of death. A petition filed in any court other than the court which imposed the sentence should be promptly transferred to that court unless good cause is shown for the petition to be heard by another court. A petition filed in or transferred to the court which imposed the sentence shall be assigned to the original trial judge unless that judge is unavailable or there is other good cause to assign the case to a different judge. (b) After the entry of a judgment of death in the trial court, that court shall offer counsel to the prisoner as provided in Section 68662 of the Government Code. (c) Except as provided in subdivisions (d) and (g), the initial petition must be filed within one year of the order entered under Section 68662 of the Government Code. (d) An initial petition which is untimely under subdivision (c) or a successive petition whenever filed shall be dismissed unless the court finds, by the preponderance of all available evidence, whether or not admissible at trial, that the defendant is actually innocent of the crime of which he or she was convicted or is ineligible for the sentence. A stay of execution shall not be granted for the purpose of considering a successive or untimely petition unless the court finds that the petitioner has a substantial claim of actual innocence or ineligibility. “Ineligible for the sentence of death” means that circumstances exist placing that sentence outside the range of the sentencer’s discretion. Claims of ineligibility include a claim that none of the special circumstances in subdivision (a) of Section 190.2 is true, a claim that the defendant was under the age of 18 at the time of the crime, or a claim that the defendant has an intellectual disability, as defined in Section 1376. A claim relating to the sentencing decision under Section 190.3 is not a claim of actual innocence or ineligibility for the purpose of this section. (e) A petitioner claiming innocence or ineligibility under subdivision (d) shall disclose all material information relating to guilt or eligibility in the possession of the petitioner or present or former counsel for petitioner. If the petitioner willfully fails to make the disclosure required by this subdivision and authorize disclosure by counsel, the petition may be dismissed. (f) Proceedings under this section shall be conducted as expeditiously as possible, consistent with a fair adjudication. The superior court shall resolve the initial petition within one year of filing unless the court finds that a delay is necessary to resolve a substantial claim of actual innocence, but in no instance shall the court take longer than two years to resolve the petition. On decision of an initial petition, the court shall issue a statement of decision explaining the factual and legal basis for its decision. (g) If a habeas corpus petition is pending on the effective date of this section, the court may transfer the petition to the court which imposed the sentence. In a case where a judgment of death was imposed prior to the effective date of this section, but no habeas corpus petition has been filed prior to the effective date of this section, a petition that would otherwise be barred by subdivision (c) may be filed within one year of the effective date of this section or within the time allowed under prior law, whichever is earlier. (Added November 8, 2016, by initiative Proposition 66, Sec. 6.)
  193. 1509.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. )

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    This section lets certain parties appeal habeas corpus rulings, sets deadlines for filing and for certificate-of-appealability decisions, and limits what issues the court of appeal may review.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 1. Of the Writ of Habeas Corpus [1473 - 1509.1] ( Chapter 1 enacted 1872. ) ## 1509.1. (a) Either party may appeal the decision of a superior court on an initial petition under Section 1509 to the court of appeal. An appeal shall be taken by filing a notice of appeal in the superior court within 30 days of the court’s decision granting or denying the habeas petition. A successive petition shall not be used as a means of reviewing a denial of habeas relief. (b) The issues considered on an appeal under subdivision (a) shall be limited to the claims raised in the superior court, except that the court of appeal may also consider a claim of ineffective assistance of trial counsel if the failure of habeas counsel to present that claim to the superior court constituted ineffective assistance. The court of appeal may, if additional findings of fact are required, make a limited remand to the superior court to consider the claim. (c) The people may appeal the decision of the superior court granting relief on a successive petition. The petitioner may appeal the decision of the superior court denying relief on a successive petition only if the superior court or the court of appeal grants a certificate of appealability. A certificate of appealability may issue under this subdivision only if the petitioner has shown both a substantial claim for relief, which shall be indicated in the certificate, and a substantial claim that the requirements of subdivision (d) of Section 1509 have been met. An appeal under this subdivision shall be taken by filing a notice of appeal in the superior court within 30 days of the court’s decision. The superior court shall grant or deny a certificate of appealability concurrently with a decision denying relief on the petition. The court of appeal shall grant or deny a request for a certificate of appealability within 10 days of an application for a certificate. The jurisdiction of the court of appeal is limited to the claims identified in the certificate and any additional claims added by the court of appeal within 60 days of the notice of appeal. An appeal under this subdivision shall have priority over all other matters and be decided as expeditiously as possible. (Added November 8, 2016, by initiative Proposition 66, Sec. 7.)
  194. 151.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person may be guilty of a crime for directly inciting others to imminently kill or injure a peace officer, if done with specific intent and under likely-to-cause-imminent-harm circumstances.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 151. (a) Any person who advocates the willful and unlawful killing or injuring of a peace officer, with the specific intent to cause the willful and unlawful killing or injuring of a peace officer, and such advocacy is done at a time, place, and under circumstances in which the advocacy is likely to cause the imminent willful and unlawful killing or injuring of a peace officer is guilty of (1) a misdemeanor if such advocacy does not cause the unlawful and willful killing or injuring of a peace officer, or (2) a felony if such advocacy causes the unlawful and willful killing or injuring of a peace officer. (b) As used in this section, “advocacy” means the direct incitement of others to cause the imminent willful and unlawful killing or injuring of a peace officer, and not the mere abstract teaching of a doctrine. (Added by Stats. 1971, Ch. 1248.)
  195. 1510.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 2. Pretrial Review [1510 - 1512] ( Chapter 2 added by Stats. 1971, Ch. 944. )

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    A defendant may seek pretrial review of the denial of a motion under Section 995 or 1538.5 only if the motion was made in the trial court within the stated time limits.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 2. Pretrial Review [1510 - 1512] ( Chapter 2 added by Stats. 1971, Ch. 944. ) ## 1510. The denial of a motion made pursuant to Section 995 or 1538.5 may be reviewed prior to trial only if the motion was made by the defendant in the trial court not later than 45 days following defendant’s arraignment on the complaint if a misdemeanor, or 60 days following defendant’s arraignment on the information or indictment if a felony, unless within these time limits the defendant was unaware of the issue or had no opportunity to raise the issue. (Added by Stats. 1971, Ch. 944.)
  196. 1511.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 2. Pretrial Review [1510 - 1512] ( Chapter 2 added by Stats. 1971, Ch. 944. )

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    In certain felony cases, either party may seek immediate appellate review by petitioning for a writ of mandate or prohibition, and the petition gets priority in the court of appeal.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 2. Pretrial Review [1510 - 1512] ( Chapter 2 added by Stats. 1971, Ch. 944. ) ## 1511. If in a felony case the superior court sets the trial beyond the period of time specified in Section 1049.5, in violation of Section 1049.5, or continues the hearing of any matter without good cause, and good cause is required by law for such a continuance, either party may file a petition for writ of mandate or prohibition in the court of appeal seeking immediate appellate review of the ruling setting the trial or granting the continuance. Such a petition shall have precedence over all other cases in the court to which the petition is assigned, including, but not limited to, cases that originated in the juvenile court. If the court of appeal grants a peremptory writ, it shall issue the writ and a remittitur three court days after its decision becomes final as to that court if such action is necessary to prevent mootness or to prevent frustration of the relief granted, notwithstanding the right of the parties to file a petition for review in the Supreme Court. When the court of appeal issues the writ and remittitur as provided herein, the writ shall command the superior court to proceed with the criminal case without further delay, other than that reasonbly necessary for the parties to obtain the attendance of their witnesses. The Supreme Court may stay or recall the issuance of the writ and remittitur. The Supreme Court’s failure to stay or recall the issuance of the writ and remittitur shall not deprive the respondent or the real party in interest of its right to file a petition for review in the Supreme Court. (Added June 5, 1990, by initiative Proposition 115, Sec. 28.)
  197. 1512.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 2. Pretrial Review [1510 - 1512] ( Chapter 2 added by Stats. 1971, Ch. 944. )

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    The people may seek review of an order granting a defendant’s motion for severance or discovery by petitioning for a writ of mandate or prohibition.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 2. Pretrial Review [1510 - 1512] ( Chapter 2 added by Stats. 1971, Ch. 944. ) ## 1512. (a) In addition to petitions for a writ of mandate, prohibition, or review which the people are authorized to file pursuant to any other statute or pursuant to any court decision, the people may also seek review of an order granting a defendant’s motion for severance or discovery by a petition for a writ of mandate or prohibition. (b) In construing the legislative intent of subdivision (a), no inference shall be drawn from the amendment to Assembly Bill 1052 of the 1989–90 Regular Session of the Legislature which deleted reference to the case of People v. Superior Court, 69 Cal. 2d 491. (Added by renumbering Section 1511 (as added by Stats. 1989, Ch. 560) by Stats. 2001, Ch. 854, Sec. 46. Effective January 1, 2002.)
  198. 152.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    If a person knows an accidental death has occurred, they must not actively conceal or try to conceal it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 152. (a) Every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment. (b) For purposes of this section, “to actively conceal an accidental death” means any of the following: (1) To perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body. (2) To directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues. (3) To destroy or suppress the actual physical instrumentality of death. (Added by Stats. 1999, Ch. 396, Sec. 1. Effective January 1, 2000.)
  199. 152.3.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. )

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    A person who reasonably believes they saw certain serious offenses against a child under 14 must notify a peace officer.

    ## 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 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 152.3. (a) Any person who reasonably believes that he or she has observed the commission of any of the following offenses where the victim is a child under 14 years of age shall notify a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2: (1) Murder. (2) Rape. (3) A violation of paragraph (1) of subdivision (b) of Section 288 of the Penal Code. (b) This section shall not be construed to affect privileged relationships as provided by law. (c) The duty to notify a peace officer imposed pursuant to subdivision (a) is satisfied if the notification or an attempt to provide notice is made by telephone or any other means. (d) Failure to notify as required pursuant to subdivision (a) is a misdemeanor and is punishable by a fine of not more than one thousand five hundred dollars ($1,500), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. (e) The requirements of this section shall not apply to the following: (1) A person who is related to either the victim or the offender, including a spouse, parent, child, brother, sister, grandparent, grandchild, or other person related by consanguinity or affinity. (2) A person who fails to report based on a reasonable mistake of fact. (3) A person who fails to report based on a reasonable fear for his or her own safety or for the safety of his or her family. (Amended by Stats. 2016, Ch. 50, Sec. 66. (SB 1005) Effective January 1, 2017.)
  200. 1523.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. )

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    A search warrant is a written order signed by a magistrate and directed to a peace officer to search for a person, thing, or personal property.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473 - 1564] ( Title 12 enacted 1872. ) ## CHAPTER 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. ) ## 1523. A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, bring the same before the magistrate. (Amended by Stats. 1996, Ch. 1078, Sec. 1.5. Effective January 1, 1997.)

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