Penal Code — Part 9 | PEN — United States — California law | Esheria

Penal Code

Part 9 of 29 · provisions 1,601–1,800

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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  1. 1524.

    ## 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 may be issued only on listed grounds, and special procedures apply when documentary evidence is held by certain protected professionals.

    ## 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. ) ## 1524. (a) A search warrant may be issued upon any of the following grounds: (1) When the property was stolen or embezzled. (2) When the property or things were used as the means of committing a felony. (3) When the property or things are in the possession of a person with the intent to use them as a means of committing a public offense, or in the possession of another to whom that person may have delivered them for the purpose of concealing them or preventing them from being discovered. (4) When the property or things to be seized consist of an item or constitute evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony. (5) When the property or things to be seized consist of evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring. (6) When there is a warrant to arrest a person. (7) When a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of a person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom that person may have delivered them for the purpose of concealing them or preventing their discovery. (8) When the property or things to be seized include an item or evidence that tends to show a violation of Section 3700.5 of the Labor Code or tends to show that a particular person has violated Section 3700.5 of the Labor Code. (9) When the property or things to be seized include a firearm or other deadly weapon at the scene of, or at the premises occupied or under the control of the person arrested in connection with, a domestic violence incident involving a threat to human life or a physical assault as provided in Section 18250. This section does not affect warrantless seizures otherwise authorized by Section 18250. (10) When the property or things to be seized include a firearm or other deadly weapon that is owned by, or in the possession of, or in the custody or control of, a person described in subdivision (a) of Section 8102 of the Welfare and Institutions Code. (11) When the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person who is subject to the prohibitions regarding firearms or ammunition or both pursuant to Section 6389 of the Family Code, if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a protective order has been issued pursuant to Section 6218 of the Family Code, the person has been lawfully served with that order, and the person has failed to relinquish the firearm or ammunition or both as required by law. (12) When the information to be received from the use of a tracking device constitutes evidence that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code has been committed or is being committed, tends to show that a particular person has committed a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, or will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. A tracking device search warrant issued pursuant to this paragraph shall be executed in a manner meeting the requirements specified in subdivision (b) of Section 1534. (13) When a sample of the blood of a person constitutes evidence that tends to show a violation of Section 23140, 23152, or 23153 of the Vehicle Code and the person from whom the sample is being sought has refused an officer’s request to submit to, or has failed to complete, a blood test as required by Section 23612 of the Vehicle Code, and the sample will be drawn from the person in a reasonable, medically approved manner. This paragraph is not intended to abrogate a court’s mandate to determine the propriety of the issuance of a search warrant on a case-by-case basis. (14) Beginning January 1, 2016, the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of a person who is the subject of a gun violence restraining order that has been issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6, if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a gun violence restraining order has been issued, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law. (15) Beginning January 1, 2018, the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person who is subject to the prohibitions regarding firearms pursuant to Section 29800, 29805, 29815, 29820, or 29825, and the court has made a finding pursuant to subdivision (c) of Section 29810 that the person has failed to relinquish the firearm as required by law. (16) When the property or things to be seized are controlled substances or a device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance pursuant to the authority described in Section 11472 of the Health and Safety Code. (17) (A) When all of the following apply: (i) A sample of the blood of a person constitutes evidence that tends to show a violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code. (ii) The person from whom the sample is being sought has refused an officer’s request to submit to, or has failed to complete, a blood test as required by Section 655.1 of the Harbors and Navigation Code. (iii) The sample will be drawn from the person in a reasonable, medically approved manner. (B) This paragraph is not intended to abrogate a court’s mandate to determine the propriety of the issuance of a search warrant on a case-by-case basis. (18) When the property or things to be seized consists of evidence that tends to show that a violation of paragraph (1), (2), or (3) of subdivision (j) of Section 647 has occurred or is occurring. (19) (A) When the property or things to be seized are data, from a recording device installed by the manufacturer of a motor vehicle, that constitutes evidence that tends to show the commission of a felony or misdemeanor offense involving a motor vehicle, resulting in death or serious bodily injury to a person. The data accessed by a warrant pursuant to this paragraph shall not exceed the scope of the data that is directly related to the offense for which the warrant is issued. (B) For the purposes of this paragraph, “recording device” has the same meaning as defined in subdivision (b) of Section 9951 of the Vehicle Code. The scope of the data accessible by a warrant issued pursuant to this paragraph shall be limited to the information described in subdivision (b) of Section 9951 of the Vehicle Code. (C) For the purposes of this paragraph, “serious bodily injury” has the same meaning as defined in paragraph (4) of subdivision (f) of Section 243. (20) When the property or things to be seized consists of evidence that tends to show that a violation of Section 647.9 has occurred or is occurring. Evidence to be seized pursuant to this paragraph shall be limited to evidence of a violation of Section 647.9 and shall not include evidence of a violation of a departmental rule or guideline that is not a public offense under California law. (21) If the property to be seized includes ammunition and all of the following criteria are satisfied: (A) The property is owned by, in the possession of, or in the custody or control of a person who is subject to the prohibition set forth in Section 8103 of the Welfare and Institutions Code. (B) The person has been lawfully served with the order required by Section 8103 of the Welfare and Institutions Code. (C) The person has failed to relinquish the ammunition as required by law. (22) When the property or things to be seized include a firearm or ammunition or both that is owned by, or in the possession of, or in the custody or control of, a person who is subject to the prohibitions regarding firearms pursuant to Section 527.9 of the Code of Civil Procedure, the person has been lawfully served with that order, and the person has failed to relinquish the firearm or ammunition or both as required by law. (b) The property, things, person, or persons described in subdivision (a) may be taken on the warrant from a place or from a person in whose possession the property or things may be. (c) Notwithstanding subdivision (a) or (b), a search warrant shall not be issued for documentary evidence in the possession or under the control of a person who is a lawyer as defined in Section 950 of the Evidence Code, a physician as defined in Section 990 of the Evidence Code, a psychotherapist as defined in Section 1010 of the Evidence Code, or a member of the clergy as defined in Section 1030 of the Evidence Code, and who is not reasonably suspected of engaging or having engaged in criminal activity related to the documentary evidence for which a warrant is requested unless the following procedure has been complied with: (1) At the time of the issuance of the warrant, the court shall appoint a special master in accordance with subdivision (d) to accompany the person who will serve the warrant. Upon service of the warrant, the special master shall inform the party served of the specific items being sought and that the party shall have the opportunity to provide the items requested. If the party, in the judgment of the special master, fails to provide the items requested, the special master shall conduct a search for the items in the areas indicated in the search warrant. (2) (A) If the party who has been served states that an item or items should not be disclosed, they shall be sealed by the special master and taken to court for a hearing. (B) At the hearing, the party searched shall be entitled to raise an issue that may be raised pursuant to Section 1538.5 as well as a claim that the item or items are privileged, as provided by law. The hearing shall be held in the superior court. The court shall provide sufficient time for the parties to obtain counsel and make motions or present evidence. The hearing shall be held within three days of the service of the warrant unless the court makes a finding that the expedited hearing is impracticable. In that case, the matter shall be heard at the earliest possible time. (C) If an item or items are taken to court for a hearing, a limitation of time prescribed in Chapter 2 (commencing with Section 799) of Title 3 shall be tolled from the time of the seizure until the final conclusion of the hearing, including an associated writ or appellate proceedings. (3) The warrant shall, whenever practicable, be served during normal business hours. In addition, the warrant shall be served upon a party who appears to have possession or control of the items sought. If, after reasonable efforts, the party serving the warrant is unable to locate the person, the special master shall seal and return to the court, for determination by the court, an item that appears to be privileged as provided by law. (d) (1) As used in this section, a “special master” is an attorney who is a member in good standing of the California State Bar and who has been selected from a list of qualified attorneys that is maintained by the State Bar particularly for the purposes of conducting the searches described in this section. These attorneys shall serve without compensation. A special master shall be considered a public employee, and the governmental entity that caused the search warrant to be issued shall be considered the employer of the special master and the applicable public entity, for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, relating to claims and actions against public entities and public employees. In selecting the special master, the court shall make every reasonable effort to ensure that the person selected has no relationship with any of the parties involved in the pending matter. Information obtained by the special master shall be confidential and may not be divulged except in direct response to inquiry by the court. (2) In a case in which the magistrate determines that, after reasonable efforts have been made to obtain a special master, a special master is not available and would not be available within a reasonable period of time, the magistrate may direct the party seeking the order to conduct the search in the manner described in this section in lieu of the special master. (e) A search conducted pursuant to this section by a special master may be conducted in a manner that permits the party serving the warrant or that party’s designee to accompany the special master as the special master conducts the search. However, that party or that party’s designee may not participate in the search nor shall they examine any of the items being searched by the special master except upon agreement of the party upon whom the warrant has been served. (f) As used in this section, “documentary evidence” includes, but is not limited to, writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, x-rays, files, diagrams, ledgers, books, tapes, audio and video recordings, films, and papers of any type or description. (g) No warrant shall issue for an item or items described in Section 1070 of the Evidence Code. (h) No warrant shall issue for an item or items that pertain to an investigation into a prohibited violation, as defined in Section 629.51. (i) Notwithstanding any other law, no claim of attorney work product as described in Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall be sustained where there is probable cause to believe that the lawyer is engaging or has engaged in criminal activity related to the documentary evidence for which a warrant is requested unless it is established at the hearing with respect to the documentary evidence seized under the warrant that the services of the lawyer were not sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud. (j) Nothing in this section is intended to limit an attorney’s ability to request an in-camera hearing pursuant to the holding of the Supreme Court of California in People v. Superior Court (Laff) (2001) 25 Cal.4th 703. (k) In addition to any other circumstance permitting a magistrate to issue a warrant for a person or property in another county, when the property or things to be seized consist of any item or constitute evidence that tends to show a violation of Section 530.5, the magistrate may issue a warrant to search a person or property located in another county if the person whose identifying information was taken or used resides in the same county as the issuing court. (l) This section does not create a cause of action against a foreign or California corporation, its officers, employees, agents, or other specified persons for providing location information. (m) This section shall become operative on January 1, 2026. (Amended (as added by Stats. 2024, Ch. 544, Sec. 11.5) by Stats. 2025, Ch. 362, Sec. 1. (AB 383) Effective January 1, 2026.)
  2. 1524.1.

    ## 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 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. )

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    This section lets a court, at the victim’s request and only on stated probable-cause findings, issue a warrant for HIV testing of the accused and sets rules for notice, counseling, disclosure, confidentiality, and penalties for false reports.

    ## 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. ) ## 1524.1. (a) The primary purpose of the testing and disclosure provided in this section is to benefit the victim of a crime by informing the victim whether the defendant is infected with HIV. It is also the intent of the Legislature in enacting this section to protect the health of both victims of crime and those accused of committing a crime. This section does not authorize mandatory testing or disclosure of test results for the purpose of a charging decision by a prosecutor, and, except as specified in subdivisions (g) and (i), this section does not authorize breach of the confidentiality provisions contained in Chapter 7 (commencing with Section 120975) of Part 4 of Division 105 of the Health and Safety Code. (b) (1) Notwithstanding the provisions of Chapter 7 (commencing with Section 120975) of Part 4 of Division 105 of the Health and Safety Code, when a defendant has been charged by complaint, information, or indictment with a crime, or a minor is the subject of a petition filed in juvenile court alleging the commission of a crime, the court, at the request of the victim, may issue a search warrant for the purpose of testing the accused’s blood or oral mucosal transudate saliva with an HIV test, as defined in Section 120775 of the Health and Safety Code only under the following circumstances: when the court finds, upon the conclusion of the hearing described in paragraph (3), or when a preliminary hearing is not required to be held, that there is probable cause to believe that the accused committed the offense, and that there is probable cause to believe that blood, semen, or any other bodily fluid identified by the State Department of Public Health in appropriate regulations as capable of transmitting the human immunodeficiency virus has been transferred from the accused to the victim. (2) Notwithstanding Chapter 7 (commencing with Section 120975) of Part 4 of Division 105 of the Health and Safety Code, when a defendant has been charged by complaint, information, or indictment with a crime under Section 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, or 289.5, or former Section 262 or 288a, or with an attempt to commit any of the offenses, and is the subject of a police report alleging the commission of a separate, uncharged offense that could be charged under Section 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, or 289.5, or former Section 262 or 288a, or of an attempt to commit any of the offenses, or a minor is the subject of a petition filed in juvenile court alleging the commission of a crime under Section 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, or 289.5, or former Section 262 or 288a, or of an attempt to commit any of the offenses, and is the subject of a police report alleging the commission of a separate, uncharged offense that could be charged under Section 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, or 289.5, or former Section 262 or 288a, or of an attempt to commit any of the offenses, the court, at the request of the victim of the uncharged offense, may issue a search warrant for the purpose of testing the accused’s blood or oral mucosal transudate saliva with an HIV test, as defined in Section 120775 of the Health and Safety Code only under the following circumstances: when the court finds that there is probable cause to believe that the accused committed the uncharged offense, and that there is probable cause to believe that blood, semen, or any other bodily fluid identified by the State Department of Public Health in appropriate regulations as capable of transmitting the human immunodeficiency virus has been transferred from the accused to the victim. As used in this paragraph, “Section 289.5” refers to the statute enacted by Chapter 293 of the Statutes of 1991, penetration by an unknown object. (3) (A) Prior to the issuance of a search warrant pursuant to paragraph (1), the court, where applicable and at the conclusion of the preliminary examination if the defendant is ordered to answer pursuant to Section 872, shall conduct a hearing at which both the victim and the defendant have the right to be present. During the hearing, only affidavits, counter affidavits, and medical reports regarding the facts that support or rebut the issuance of a search warrant under paragraph (1) shall be admissible. (B) Prior to the issuance of a search warrant pursuant to paragraph (2), the court, where applicable, shall conduct a hearing at which both the victim and the defendant are present. During the hearing, only affidavits, counter affidavits, and medical reports regarding the facts that support or rebut the issuance of a search warrant under paragraph (2) shall be admissible. (4) A request for a probable cause hearing made by a victim under paragraph (2) shall be made before sentencing in the superior court, or before disposition on a petition in a juvenile court, of the criminal charge or charges filed against the defendant. (c) (1) When the person has been charged by complaint, information, or indictment with a crime, or is the subject of a petition filed in a juvenile court alleging the commission of a crime, the prosecutor shall advise the victim of the right to make this request. To assist the victim of the crime to determine whether the victim should make this request, the prosecutor shall refer the victim to the local health officer for prerequest counseling to help that person understand the extent to which the particular circumstances of the crime may or may not have put the victim at risk of transmission of HIV from the accused, to ensure that the victim understands both the benefits and limitations of the current tests for HIV, to help the victim decide whether the victim wants to request that the accused be tested, and to help the victim decide whether the victim wants to be tested. (2) The Department of Justice, in cooperation with the California District Attorneys Association, shall prepare a form to be used in providing victims with the notice required by paragraph (1). (d) If the victim decides to request HIV testing of the accused, the victim shall request the issuance of a search warrant, as described in subdivision (b). Neither the failure of a prosecutor to refer or advise the victim as provided in this subdivision, nor the failure or refusal by the victim to seek or obtain counseling, shall be considered by the court in ruling on the victim’s request. (e) The local health officer shall make provision for administering all HIV tests ordered pursuant to subdivision (b). (f) Any blood or oral mucosal transudate saliva tested pursuant to subdivision (b) shall be subjected to appropriate confirmatory tests to ensure accuracy of the first test results, and under no circumstances shall test results be transmitted to the victim or the accused unless any initially reactive test result has been confirmed by appropriate confirmatory tests for positive reactors. (g) The local health officer shall have the responsibility for disclosing test results to the victim who requested the test and to the accused who was tested. However, positive test results shall not be disclosed to the victim or to the accused without also providing or offering professional counseling appropriate to the circumstances. (h) The local health officer and victim shall comply with all laws and policies relating to medical confidentiality subject to the disclosure authorized by subdivisions (g) and (i). An individual who files a false report of sexual assault in order to obtain test result information pursuant to this section shall, in addition to any other liability under law, be guilty of a misdemeanor punishable as provided in subdivision (c) of Section 120980 of the Health and Safety Code. An individual as described in the preceding sentence who discloses test result information obtained pursuant to this section shall also be guilty of an additional misdemeanor punishable as provided for in subdivision (c) of Section 120980 of the Health and Safety Code for each separate disclosure of that information. (i) A victim who receives information from the health officer pursuant to subdivision (g) may disclose the test results as the victim deems necessary to protect their health and safety or the health and safety of the victim’s family or sexual partner. (j) A person transmitting test results or disclosing information pursuant to this section shall be immune from civil liability for any actions taken in compliance with this section. (k) The results of any blood or oral mucosal transudate saliva tested pursuant to subdivision (b) shall not be used in any criminal proceeding as evidence of either guilt or innocence. (Amended by Stats. 2021, Ch. 626, Sec. 55. (AB 1171) Effective January 1, 2022.)
  3. 1524.2.

    ## 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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    This section sets rules for certain corporations served with search warrants for electronic records, including production deadlines, objections, verification, and an attestation requirement for some out-of-state warrants.

    ## 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. ) ## 1524.2. (a) As used in this section, the following terms have the following meanings: (1) The terms “electronic communication services” and “remote computing services” shall be construed in accordance with the Electronic Communications Privacy Act of 1986 in Chapter 121 (commencing with Section 2701) of Part I of Title 18 of the United States Code. This section does not apply to corporations that do not provide those services to the general public. (2) An “adverse result” occurs when notification of the existence of a search warrant results in: (A) Danger to the life or physical safety of an individual. (B) A flight from prosecution. (C) The destruction of or tampering with evidence. (D) The intimidation of potential witnesses. (E) Serious jeopardy to an investigation or undue delay of a trial. (3) “Applicant” refers to the peace officer to whom a search warrant is issued pursuant to subdivision (a) of Section 1528. (4) “California corporation” refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, excluding foreign corporations. (5) “Foreign corporation” refers to any corporation that is qualified to do business in this state pursuant to Section 2105 of the Corporations Code. (6) “Properly served” means that a search warrant has been delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to a person or entity listed in Section 2110 of the Corporations Code, or any other means specified by the recipient of the search warrant, including email or submission via an internet web portal that the recipient has designated for the purpose of service of process. (b) The following provisions apply to any search warrant issued pursuant to this chapter allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, where those records would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications. (1) When properly served with a search warrant issued by the California court, a foreign corporation subject to this section shall provide to the applicant, all records sought pursuant to that warrant within five business days of receipt, including those records maintained or located outside this state. (2) If the applicant makes a showing and the magistrate finds that failure to produce records within less than five business days would cause an adverse result, the warrant may require production of records within less than five business days. A court may reasonably extend the time required for production of the records upon finding that the foreign corporation has shown good cause for that extension and that an extension of time would not cause an adverse result. (3) A foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records pursuant to this section. The issuing court shall hear and decide that motion no later than five court days after the motion is filed. (4) The foreign corporation shall verify the authenticity of records that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the Evidence Code. Those records shall be admissible in evidence as set forth in Section 1562 of the Evidence Code. (c) (1) A California corporation that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by a California court, but shall not produce records when the corporation knows or should know that the warrant relates to an investigation into, or enforcement of, a prohibited violation, as defined in Section 629.51. (2) A California corporation shall not comply with subdivision (c) unless the warrant includes, or is accompanied by, an attestation that the evidence sought is not related to an investigation into, or enforcement of, a prohibited violation, as defined in Section 629.51. (3) A California corporation served with a warrant described in paragraph (1) is entitled to rely on the representations made in an attestation described in paragraph (2) in determining whether the warrant relates to an investigation into, or enforcement of, a prohibited violation, as defined in Section 629.51. (d) A cause of action shall not lie against any foreign or California corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to this chapter. (Amended by Stats. 2022, Ch. 627, Sec. 8. (AB 1242) Effective September 27, 2022.)
  4. 1524.3.

    ## 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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    Service providers must disclose certain subscriber and communication information to prosecutors or investigators when a qualifying search warrant is issued, and related records-preservation and notice rules apply.

    ## 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. ) ## 1524.3. (a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the United States Code, shall disclose to a governmental prosecuting or investigating agency the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of that service, the types of services the subscriber or customer utilized, and the contents of communication originated by or addressed to the service provider when the governmental entity is granted a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524. (b) The search warrant shall be limited to only that information necessary to achieve the objective of the warrant, including by specifying the target individuals or accounts, the applications or services, the types of information, and the time periods covered, as appropriate. (c) Information obtained through the execution of a search warrant pursuant to this section that is unrelated to the objective of the warrant shall be sealed and not be subject to further review without an order from the court. (d) (1) A governmental entity receiving subscriber records or information under this section shall provide notice to a subscriber or customer upon receipt of the requested records. The notification may be delayed by the court, in increments of 90 days, upon a showing that there is reason to believe that notification of the existence of the search warrant may have an adverse result. (2) An “adverse result” for purposes of paragraph (1) means any of the following: (A) Endangering the life or physical safety of an individual. (B) Flight from prosecution. (C) Tampering or destruction of evidence. (D) Intimidation of a potential witness. (E) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. (e) Upon the expiration of the period of delay for the notification, the governmental entity shall, by regular mail or email, provide a copy of the process or request and a notice, to the subscriber or customer. The notice shall accomplish all of the following: (1) State the nature of the law enforcement inquiry with reasonable specificity. (2) Inform the subscriber or customer that information maintained for the subscriber or customer by the service provider named in the process or request was supplied to or requested by the governmental entity, and the date upon which the information was supplied, and the request was made. (3) Inform the subscriber or customer that notification to the subscriber or customer was delayed, and which court issued the order pursuant to which the notification was delayed. (4) Provide a copy of the written inventory of the property that was taken that was provided to the court pursuant to Section 1537. (f) A court issuing a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524, on a motion made promptly by the service provider, may quash or modify the warrant if the information or records requested are unusually voluminous in nature or compliance with the warrant otherwise would cause an undue burden on the provider. (g) A provider of wire or electronic communication services or a remote computing service, upon the request of a peace officer, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a search warrant or a request in writing and an affidavit declaring an intent to file a warrant to the provider. Records shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the peace officer. (h) No cause of action shall be brought against any provider, its officers, employees, or agents for providing information, facilities, or assistance in good faith compliance with a search warrant. (Amended by Stats. 2015, Ch. 643, Sec. 2. (AB 1310) Effective January 1, 2016.)
  5. 1524.4.

    ## 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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    Covered service providers must maintain a law-enforcement contact process, keep it available and usable, and file a statement with the Attorney General by July 1, 2017; later material changes must be reported as soon as practicable.

    ## 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. ) ## 1524.4. (a) This section applies to a service provider that is subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546)) and that operates in California. This section does not apply to a service provider that does not offer services to the general public. (b) (1) Every service provider described in subdivision (a) shall maintain a law enforcement contact process that meets the criteria set forth in paragraph (2). (2) Every service provider described in subdivision (a) shall ensure, at a minimum, that its law enforcement contact process meets all of the following criteria: (A) Provides a specific contact mechanism for law enforcement personnel. (B) Provides continual availability of the law enforcement contact process. (C) Provides a method to provide status updates to a requesting law enforcement agency on a request for assistance. (3) Every service provider described in subdivision (a) shall, by July 1, 2017, file a statement with the Attorney General describing the law enforcement contact process maintained pursuant to paragraph (1). If a service provider makes a material change to its law enforcement contact process, the service provider shall, as soon as practicable, file a statement with the Attorney General describing its new law enforcement contact process. (c) The Attorney General shall consolidate the statements received pursuant to this section into one discrete record and regularly make that record available to local law enforcement agencies. (d) The exclusive remedy for a violation of this section shall be an action brought by the Attorney General for injunctive relief. Nothing in this section shall limit remedies available for a violation of any other state or federal law. (e) A statement filed or distributed pursuant to this section is confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 342. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  6. 1525.

    ## 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 may be issued only on probable cause supported by affidavit, with the person, property, and place to be searched described specifically.

    ## 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. ) ## 1525. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. The application shall specify when applicable, that the place to be searched is in the possession or under the control of an attorney, physician, psychotherapist or clergyman. (Amended by Stats. 1996, Ch. 1078, Sec. 3. Effective January 1, 1997.)
  7. 1526.

    ## 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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    This section lets a magistrate review sworn warrant materials, accept oral sworn statements in some cases, and requires signatures, certification, filing, and transmission steps for search-warrant processing.

    ## 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. ) ## 1526. (a) Before issuing the search warrant, the magistrate may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the party or parties making them. If the affiant transmits the proposed search warrant and all affidavits and supporting documents to the magistrate using facsimile transmission equipment, email, or computer server, the conditions in subdivision (c) apply. (b) In lieu of the written affidavit required in subdivision (a), the magistrate may take an oral statement under oath if the oath is made under penalty of perjury and recorded and transcribed. The transcribed statement shall be deemed to be an affidavit for the purposes of this chapter. The recording of the sworn oral statement and the transcribed statement shall be certified by the magistrate receiving it and shall be filed with the clerk of the court. In the alternative, the sworn oral statement shall be recorded by a certified court reporter and the transcript of the statement shall be certified by the reporter, after which the magistrate receiving it shall certify the transcript which shall be filed with the clerk of the court. (c) (1) The affiant shall sign under penalty of perjury his or her affidavit in support of probable cause for issuance of a search warrant. The affiant’s signature may be in the form of a digital signature or electronic signature if email or computer server is used for transmission to the magistrate. (2) The magistrate shall verify that all the pages sent have been received, that all the pages are legible, and that the declarant’s signature, digital signature, or electronic signature is genuine. (3) If the magistrate decides to issue the search warrant, he or she shall do both of the following: (A) Sign the warrant. The magistrate’s signature may be in the form of a digital signature or electronic signature if email or computer server is used for transmission by the magistrate. (B) Note on the warrant the date and time of the issuance of the warrant. (4) The magistrate shall transmit via facsimile transmission equipment, email, or computer server the signed search warrant to the affiant. The search warrant signed by the magistrate and received by the affiant shall be deemed to be the original warrant. The original warrant and any affidavits or attachments in support thereof shall be returned as provided in Section 1534. (Amended by Stats. 2018, Ch. 176, Sec. 2. (AB 2710) Effective January 1, 2019.)
  8. 1527.

    ## 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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    An affidavit or affidavits must state the facts showing the grounds for the application or probable cause to believe those grounds exist.

    ## 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. ) ## 1527. The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist. (Amended by Stats. 1957, Ch. 1883.)
  9. 1528.

    ## 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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    If the magistrate finds probable cause or sufficient grounds, they must issue a search warrant and direct its execution by a peace officer.

    ## 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. ) ## 1528. (a) If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he or she must issue a search warrant, signed by him or her with his or her name of office, to a peace officer in his or her county, commanding him or her forthwith to search the person or place named for the property or things or person or persons specified, and to retain the property or things in his or her custody subject to order of the court as provided by Section 1536. (b) The magistrate may orally authorize a peace officer to sign the magistrate’s name on a duplicate original warrant. A duplicate original warrant shall be deemed to be a search warrant for the purposes of this chapter, and it shall be returned to the magistrate as provided for in Section 1537. The magistrate shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant and the duplicate original warrant with the clerk of the court as provided for in Section 1541. (Amended by Stats. 1996, Ch. 1078, Sec. 4. Effective January 1, 1997.)
  10. 1529.

    ## 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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    This section gives the standard form a search warrant should follow.

    ## 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. ) ## 1529. The warrant shall be in substantially the following form: County of ____. The people of the State of California to any peace officer in the County of ____: Proof, by affidavit, having been this day made before me by (naming every person whose affidavit has been taken), that (stating the grounds of the application, according to Section 1524, or, if the affidavit be not positive, that there is probable cause for believing that ____ stating the ground of the application in the same manner), you are therefore commanded, in the daytime (or at any time of the day or night, as the case may be, according to Section 1533), to make search on the person of C. D. (or in the house situated ____, describing it, or any other place to be searched, with reasonable particularity, as the case may be) for the following property, thing, things, or person: (describing the property, thing, things, or person with reasonable particularity); and, in the case of a thing or things or personal property, if you find the same or any part thereof, to bring the thing or things or personal property forthwith before me (or this court) at (stating the place). Given under my hand, and dated this ____ day of ____, A.D. (year). E. F., Judge of the (applicable) Court. (Amended by Stats. 2005, Ch. 181, Sec. 1. Effective January 1, 2006.)
  11. 153.

    ## 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 knows a crime has been committed must not take money, property, rewards, or promises in exchange for helping conceal the crime, stopping prosecution, or hiding evidence, except where the law allows compromise by leave of court.

    ## 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. ) ## 153. Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal that crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of court, is punishable as follows: 1. By imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170, where the crime was punishable by death or imprisonment in the state prison for life; 2. By imprisonment in a county jail not exceeding six months, or pursuant to subdivision (h) of Section 1170, where the crime was punishable by imprisonment in the state prison for any other term than for life; 3. By imprisonment in a county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), where the crime was a misdemeanor. (Amended by Stats. 2011, Ch. 15, Sec. 264. (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.)
  12. 1530.

    ## 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 may be served by the officers named in it, and no one else, except someone helping the officer when the officer asks for aid and is present.

    ## 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. ) ## 1530. A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (Enacted 1872.)
  13. 1531.

    ## 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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    ## 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. ) ## 1531. The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. (Enacted 1872.)
  14. 1532.

    ## 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 person may break open doors or windows of a house to free someone detained while helping execute the warrant, or to free himself if 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 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. ) ## 1532. He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation. (Enacted 1872.)
  15. 1533.

    ## 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 magistrate may allow a search warrant to be served at any time of day or night if there is good cause. Without that direction, service is limited to 7 a.m. through 10 p.m.

    ## 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. ) ## 1533. Upon a showing of good cause, the magistrate may, in his or her discretion, insert a direction in a search warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant shall be served only between the hours of 7 a.m. and 10 p.m. When establishing “good cause” under this section, the magistrate shall consider the safety of the peace officers serving the warrant and the safety of the public as a valid basis for nighttime endorsements. (Amended by Stats. 1986, Ch. 257, Sec. 1.)
  16. 1534.

    ## 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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    ## 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. ) ## 1534. (a) A search warrant shall be executed and returned within 10 days after date of issuance. A warrant executed within the 10-day period shall be deemed to have been timely executed and no further showing of timeliness need be made. After the expiration of 10 days, the warrant, unless executed, is void. The documents and records of the court relating to the warrant need not be open to the public until the execution and return of the warrant or the expiration of the 10-day period after issuance. Thereafter, if the warrant has been executed, the documents and records shall be open to the public as a judicial record. (b) (1) A tracking device search warrant issued pursuant to paragraph (12) of subdivision (a) of Section 1524 shall identify the person or property to be tracked and shall specify a reasonable length of time, not to exceed 30 days from the date the warrant is issued, that the device may be used. The court may, for good cause, grant one or more extensions for the time that the device may be used, with each extension lasting for a reasonable length of time, not to exceed 30 days. The search warrant shall command the officer to execute the warrant by installing a tracking device or serving a warrant on a third-party possessor of the tracking data. The officer shall perform any installation authorized by the warrant during the daytime unless the magistrate, for good cause, expressly authorizes installation at another time. Execution of the warrant shall be completed no later than 10 days immediately after the date of issuance. A warrant executed within this 10-day period shall be deemed to have been timely executed and no further showing of timeliness need be made. After the expiration of 10 days, the warrant shall be void, unless it has been executed. (2) An officer executing a tracking device search warrant shall not be required to knock and announce their presence before executing the warrant. (3) No later than 10 calendar days after the use of the tracking device has ended, the officer executing the warrant shall file a return to the warrant. (4) (A) No later than 10 calendar days after the use of the tracking device has ended, the officer who executed the tracking device warrant shall notify the person who was tracked or whose property was tracked pursuant to subdivision (a) of Section 1546.2. (B) Notice under this paragraph may be delayed pursuant to subdivision (b) of Section 1546.2. (5) An officer installing a device authorized by a tracking device search warrant may install and use the device only within California. (6) (A) As used in this section, “tracking device” means any electronic or mechanical device, or software, that permits the tracking of the movement of a person or object. (B) Nothing in this section shall be construed to authorize the use of any device or software for the purpose of tracking the movement of a person or object. (7) As used in this section, “daytime” means the hours between 6 a.m. and 10 p.m. according to local time. (c) If a duplicate original search warrant has been executed, the peace officer who executed the warrant shall enter the exact time of its execution on its face. (d) A search warrant may be made returnable before the issuing magistrate or their court. (Amended by Stats. 2020, Ch. 63, Sec. 1. (AB 904) Effective January 1, 2021.)
  17. 1535.

    ## 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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    An officer who takes property under a warrant must give a detailed receipt to the person from whom it was taken or who possessed it, and if no one is present, must leave the property where it was found.

    ## 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. ) ## 1535. When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property. (Enacted 1872.)
  18. 1536.

    ## 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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    Property taken under a warrant must be kept by the officer in custody, unless a court orders otherwise.

    ## 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. ) ## 1536. All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property or things taken is triable. (Amended by Stats. 1957, Ch. 1885.)
  19. 1536.5.

    ## 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 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. )

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    An entity whose business records are seized under a search warrant may ask the government agency for copies, and the agency generally must provide them within 10 court days unless a court allows a refusal.

    ## 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. ) ## 1536.5. (a) If a government agency seizes business records from an entity pursuant to a search warrant, the entity from which the records were seized may file a demand on that government agency to produce copies of the business records that have been seized. The demand for production of copies of business records shall be supported by a declaration, made under penalty of perjury, that denial of access to the records in question will either unduly interfere with the entity’s ability to conduct its regular course of business or obstruct the entity from fulfilling an affirmative obligation that it has under the law. Unless the government agency objects pursuant to subdivision (d), this declaration shall suffice if it makes a prima facie case that specific business activities or specific legal obligations faced by the entity would be impaired or impeded by the ongoing loss of records. (b) (1) Except as provided in paragraph (2), when a government agency seizes business records from an entity and is subsequently served with a demand for copies of those business records pursuant to subdivision (a), the government agency in possession of those records shall make copies of those records available to the entity within 10 court days of the service of the demand to produce copies of the records. (2) In the alternative, the agency in possession of the original records, may in its discretion, make the original records reasonably available to the entity within 10 court days following the service of the demand to produce records, and allow the entity reasonable time to copy the records. (3) No agency shall be required to make records available at times other than normal business hours. (4) If data is recorded in a tangible medium, copies of the data may be provided in that same medium, or any other medium of which the entity may make reasonable use. If the data is stored electronically, electromagnetically, or photo-optically, the entity may obtain either a copy made by the same process in which the data is stored, or in the alternative, by any other tangible medium through which the entity may make reasonable use of the data. (5) A government agency granting the entity access to the original records for the purpose of making copies of the records, may take reasonable steps to ensure the integrity and chain of custody of the business records. (6) If the seized records are too voluminous to be reviewed or be copied in the time period required by subdivision (a), the government agency that seized the records may file a written motion with the court for additional time to review the records or make the copies. This motion shall be made within 10 court days of the service of the demand for the records. An extension of time under this paragraph shall not be granted unless the agency establishes that reviewing or producing copies of the records within the 10 court day time period, would create a hardship on the agency. If the court grants the motion, it shall make an order designating a timeframe for the review and the duplication and return of the business records, deferring to the entity the priority of the records to be reviewed, duplicated, and returned first. (c) If a court finds that a declaration made by an entity as provided in subdivision (a) is adequate to establish the specified prima facie case, a government agency may refuse to produce copies of the business records or to grant access to the original records only under one or both of the following circumstances: (1) The court determines by the preponderance of the evidence standard that denial of access to the business records or copies of the business records will not unduly interfere with the entity’s ability to conduct its regular course of business or obstruct the entity from fulfilling an affirmative obligation that it has under the law. (2) The court determines by the preponderance of the evidence standard that possession of the business records by the entity will pose a significant risk of ongoing criminal activity, or that the business records are contraband, evidence of criminal conduct by the entity from which the records were seized, or depict a person under the age of 18 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4. (d) A government agency that desires not to produce copies of, or grant access to, seized business records shall file a motion with the court requesting an order denying the entity copies of and access to the records. A motion under this paragraph shall be in writing, and filed and served upon the entity prior to the expiration of 10 court days following the service of the demand to produce records specified in subdivision (a), within any extension of that time period granted under paragraph (6) of subdivision (b), or as soon as reasonably possible after discovery of the risk of harm. (e) A hearing on a motion under subdivision (d) shall be held within two court days of the filing of the motion, except upon agreement of the parties. (f) (1) Upon filing a motion under subdivision (d) opposing a demand for copies of records, the government agency may file a request in writing, served upon the demanding entity, that any showings of why the material should not be copied and released occur in an ex parte, in camera hearing. If the government agency alleges in its request for an in camera hearing that the demanding entity is, or is likely to become, a target of the investigation resulting in the seizure of records, the court shall hold this hearing outside of the presence of the demanding entity, and any representatives or counsel of the demanding entity. If the government agency does not allege in its request for an in camera hearing that the demanding entity is, or is likely to become, a target of the investigation resulting in the seizure of records, the court shall hold the hearing in camera only upon a particular factual showing by the government agency in its pleadings that a hearing in open court would impede or interrupt an ongoing criminal investigation. (2) At the in camera hearing, any evidence that the government agency may offer that the release of the material would pose a significant risk of ongoing criminal activity, impede or interrupt an ongoing criminal investigation, or both, shall be offered under oath. A reporter shall be present at the in camera hearing to transcribe the entirety of the proceedings. (3) Any transcription of the proceedings at the in camera hearing, as well as any physical evidence presented at the hearing, shall be ordered sealed by the court, and only a court may have access to its contents, unless a court determines that the failure to disclose the contents of the hearing would deprive the defendant or the people of a fair trial. (4) Following the conclusion of the in camera hearing, the court shall make its ruling in open court, after notice to the demanding entity. (g) The reasonable and necessary costs of producing copies of business records under this section shall be borne by the entity requesting copies of the records. Either party may request the court to resolve any dispute regarding these costs. (h) Any motion under this section shall be filed in the court that issued the search warrant. (i) For purposes of this section, the following terms are defined as follows: (1) “Seize” means obtaining actual possession of any property alleged by the entity to contain business records. (2) “Business” means an entity, sole proprietorship, partnership, or corporation operating legally in the State of California, that sells, leases, distributes, creates, or otherwise offers products or services to customers. (3) “Business records” means computer data, data compilations, accounts, books, reports, contracts, correspondence, inventories, lists, personnel files, payrolls, vendor and client lists, documents, or papers of the person or business normally used in the regular course of business, or any other material item of business recordkeeping that may become technologically feasible in the future. (Added by Stats. 2004, Ch. 372, Sec. 1. Effective January 1, 2005.)
  20. 1537.

    ## 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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    The officer must promptly return the warrant to the magistrate and give a written inventory of the property taken.

    ## 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. ) ## 1537. The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the magistrate at the time, to the following effect: “I, R. S., the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.” (Enacted 1872.)
  21. 1538.

    ## 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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    If required, the magistrate must give a copy of the inventory to the person from whom the property was taken and to the warrant applicant.

    ## 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. ) ## 1538. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant. (Enacted 1872.)
  22. 1538.5.

    ## 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 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. )

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    A defendant may ask to get property back or suppress evidence from an unreasonable search or seizure, but the motion must follow specific filing, service, and hearing procedures.

    ## 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. ) ## 1538.5. (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on either of the following grounds: (A) The search or seizure without a warrant was unreasonable. (B) The search or seizure with a warrant was unreasonable because any of the following apply: (i) The warrant is insufficient on its face. (ii) The property or evidence obtained is not that described in the warrant. (iii) There was not probable cause for the issuance of the warrant. (iv) The method of execution of the warrant violated federal or state constitutional standards. (v) There was any other violation of federal or state constitutional standards. (2) A motion pursuant to paragraph (1) shall be made in writing and accompanied by a memorandum of points and authorities and proof of service. The memorandum shall list the specific items of property or evidence sought to be returned or suppressed and shall set forth the factual basis and the legal authorities that demonstrate why the motion should be granted. (b) When consistent with the procedures set forth in this section and subject to the provisions of Sections 170 to 170.6, inclusive, of the Code of Civil Procedure, the motion should first be heard by the magistrate who issued the search warrant if there is a warrant. (c) (1) Whenever a search or seizure motion is made in the superior court as provided in this section, the judge or magistrate shall receive evidence on any issue of fact necessary to determine the motion. (2) While a witness is under examination during a hearing pursuant to a search or seizure motion, the judge or magistrate shall, upon motion of either party, do any of the following: (A) Exclude all potential and actual witnesses who have not been examined. (B) Order the witnesses not to converse with each other until they are all examined. (C) Order, where feasible, that the witnesses be kept separated from each other until they are all examined. (D) Hold a hearing, on the record, to determine if the person sought to be excluded is, in fact, a person excludable under this section. (3) Either party may challenge the exclusion of any person under paragraph (2). (4) Paragraph (2) does not apply to the investigating officer or the investigator for the defendant, nor does it apply to officers having custody of persons brought before the court. (d) If a search or seizure motion is granted pursuant to the proceedings authorized by this section, the property or evidence shall not be admissible against the movant at any trial or other hearing unless further proceedings authorized by this section, Section 871.5, 1238, or 1466 are utilized by the people. (e) If a search or seizure motion is granted at a trial, the property shall be returned upon order of the court unless it is otherwise subject to lawful detention. If the motion is granted at a special hearing, the property shall be returned upon order of the court only if, after the conclusion of any further proceedings authorized by this section, Section 1238 or 1466, the property is not subject to lawful detention or if the time for initiating the proceedings has expired, whichever occurs last. If the motion is granted at a preliminary hearing, the property shall be returned upon order of the court after 10 days unless the property is otherwise subject to lawful detention or unless, within that time, further proceedings authorized by this section, Section 871.5 or 1238 are utilized; if they are utilized, the property shall be returned only if, after the conclusion of the proceedings, the property is no longer subject to lawful detention. (f) (1) If the property or evidence relates to a felony offense initiated by a complaint, the motion shall be made only upon filing of an information, except that the defendant may make the motion at the preliminary hearing, but the motion shall be restricted to evidence sought to be introduced by the people at the preliminary hearing. (2) The motion may be made at the preliminary examination only if, at least five court days before the date set for the preliminary examination, the defendant has filed and personally served on the people a written motion accompanied by a memorandum of points and authorities as required by paragraph (2) of subdivision (a). At the preliminary examination, the magistrate may grant the defendant a continuance for the purpose of filing the motion and serving the motion upon the people, at least five court days before resumption of the examination, upon a showing that the defendant or his or her attorney of record was not aware of the evidence or was not aware of the grounds for suppression before the preliminary examination. (3) Any written response by the people to the motion described in paragraph (2) shall be filed with the court and personally served on the defendant or his or her attorney of record at least two court days prior to the hearing at which the motion is to be made. (g) If the property or evidence relates to a misdemeanor complaint, the motion shall be made before trial and heard prior to trial at a special hearing relating to the validity of the search or seizure. If the property or evidence relates to a misdemeanor filed together with a felony, the procedure provided for a felony in this section and Sections 1238 and 1539 shall be applicable. (h) If, prior to the trial of a felony or misdemeanor, opportunity for this motion did not exist or the defendant was not aware of the grounds for the motion, the defendant shall have the right to make this motion during the course of trial. (i) If the property or evidence obtained relates to a felony offense initiated by complaint and the defendant was held to answer at the preliminary hearing, or if the property or evidence relates to a felony offense initiated by indictment, the defendant shall have the right to renew or make the motion at a special hearing relating to the validity of the search or seizure which shall be heard prior to trial and at least 10 court days after notice to the people, unless the people are willing to waive a portion of this time. Any written response by the people to the motion shall be filed with the court and personally served on the defendant or his or her attorney of record at least two court days prior to the hearing, unless the defendant is willing to waive a portion of this time. If the offense was initiated by indictment or if the offense was initiated by complaint and no motion was made at the preliminary hearing, the defendant shall have the right to fully litigate the validity of a search or seizure on the basis of the evidence presented at a special hearing. If the motion was made at the preliminary hearing, unless otherwise agreed to by all parties, evidence presented at the special hearing shall be limited to the transcript of the preliminary hearing and to evidence that could not reasonably have been presented at the preliminary hearing, except that the people may recall witnesses who testified at the preliminary hearing. If the people object to the presentation of evidence at the special hearing on the grounds that the evidence could reasonably have been presented at the preliminary hearing, the defendant shall be entitled to an in camera hearing to determine that issue. The court shall base its ruling on all evidence presented at the special hearing and on the transcript of the preliminary hearing, and the findings of the magistrate shall be binding on the court as to evidence or property not affected by evidence presented at the special hearing. After the special hearing is held, any review thereafter desired by the defendant prior to trial shall be by means of an extraordinary writ of mandate or prohibition filed within 30 days after the denial of his or her motion at the special hearing. (j) If the property or evidence relates to a felony offense initiated by complaint and the defendant’s motion for the return of the property or suppression of the evidence at the preliminary hearing is granted, and if the defendant is not held to answer at the preliminary hearing, the people may file a new complaint or seek an indictment after the preliminary hearing, and the ruling at the prior hearing shall not be binding in any subsequent proceeding, except as limited by subdivision (p). In the alternative, the people may move to reinstate the complaint, or those parts of the complaint for which the defendant was not held to answer, pursuant to Section 871.5. If the property or evidence relates to a felony offense initiated by complaint and the defendant’s motion for the return or suppression of the property or evidence at the preliminary hearing is granted, and if the defendant is held to answer at the preliminary hearing, the ruling at the preliminary hearing shall be binding upon the people unless, upon notice to the defendant and the court in which the preliminary hearing was held and upon the filing of an information, the people, within 15 days after the preliminary hearing, request a special hearing, in which case the validity of the search or seizure shall be relitigated de novo on the basis of the evidence presented at the special hearing, and the defendant shall be entitled, as a matter of right, to a continuance of the special hearing for a period of time up to 30 days. The people may not request relitigation of the motion at a special hearing if the defendant’s motion has been granted twice. If the defendant’s motion is granted at a special hearing, the people, if they have additional evidence relating to the motion and not presented at the special hearing, shall have the right to show good cause at the trial why the evidence was not presented at the special hearing and why the prior ruling at the special hearing should not be binding, or the people may seek appellate review as provided in subdivision (o), unless the court, prior to the time the review is sought, has dismissed the case pursuant to Section 1385. If the case has been dismissed pursuant to Section 1385, either on the court’s own motion or the motion of the people after the special hearing, the people may file a new complaint or seek an indictment after the special hearing, and the ruling at the special hearing shall not be binding in any subsequent proceeding, except as limited by subdivision (p). If the property or evidence seized relates solely to a misdemeanor complaint, and the defendant made a motion for the return of property or the suppression of evidence in the superior court prior to trial, both the people and defendant shall have the right to appeal any decision of that court relating to that motion to the appellate division, in accordance with the California Rules of Court provisions governing appeals to the appellate division in criminal cases. If the people prosecute review by appeal or writ to decision, or any review thereof, in a felony or misdemeanor case, it shall be binding upon them. (k) If the defendant’s motion to return property or suppress evidence is granted and the case is dismissed pursuant to Section 1385, or the people appeal in a misdemeanor case pursuant to subdivision (j), the defendant shall be released pursuant to Section 1318 if he or she is in custody and not returned to custody unless the proceedings are resumed in the trial court and he or she is lawfully ordered by the court to be returned to custody. If the defendant’s motion to return property or suppress evidence is granted and the people file a petition for writ of mandate or prohibition pursuant to subdivision (o) or a notice of intention to file a petition, the defendant shall be released pursuant to Section 1318, unless (1) he or she is charged with a capital offense in a case where the proof is evident and the presumption great, or (2) he or she is charged with a noncapital offense defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1, and the court orders that the defendant be discharged from actual custody upon bail. (l) If the defendant’s motion to return property or suppress evidence is granted, the trial of a criminal case shall be stayed to a specified date pending the termination in the appellate courts of this state of the proceedings provided for in this section, Section 871.5, 1238, or 1466 and, except upon stipulation of the parties, pending the time for the initiation of these proceedings. Upon the termination of these proceedings, the defendant shall be brought to trial as provided by Section 1382, and, subject to the provisions of Section 1382, whenever the people have sought and been denied appellate review pursuant to subdivision (o), the defendant shall be entitled to have the action dismissed if he or she is not brought to trial within 30 days of the date of the order that is the last denial of the petition. Nothing contained in this subdivision shall prohibit a court, at the same time as it rules upon the search and seizure motion, from dismissing a case pursuant to Section 1385 when the dismissal is upon the court’s own motion and is based upon an order at the special hearing granting the defendant’s motion to return property or suppress evidence. In a misdemeanor case, the defendant shall be entitled to a continuance of up to 30 days if he or she intends to file a motion to return property or suppress evidence and needs this time to prepare for the special hearing on the motion. In case of an appeal by the defendant in a misdemeanor case from the denial of the motion, he or she shall be entitled to bail as a matter of right, and, in the discretion of the trial or appellate court, may be released on his or her own recognizance pursuant to Section 1318. In the case of an appeal by the defendant in a misdemeanor case from the denial of the motion, the trial court may, in its discretion, order or deny a stay of further proceedings pending disposition of the appeal. (m) The proceedings provided for in this section, and Sections 871.5, 995, 1238, and 1466 shall constitute the sole and exclusive remedies prior to conviction to test the unreasonableness of a search or seizure where the person making the motion for the return of property or the suppression of evidence is a defendant in a criminal case and the property or thing has been offered or will be offered as evidence against him or her. A defendant may seek further review of the validity of a search or seizure on appeal from a conviction in a criminal case notwithstanding the fact that the judgment of conviction is predicated upon a plea of guilty. Review on appeal may be obtained by the defendant provided that at some stage of the proceedings prior to conviction he or she has moved for the return of property or the suppression of the evidence. (n) This section establishes only the procedure for suppression of evidence and return of property, and does not establish or alter any substantive ground for suppression of evidence or return of property. Nothing contained in this section shall prohibit a person from making a motion, otherwise permitted by law, to return property, brought on the ground that the property obtained is protected by the free speech and press provisions of the United States and California Constitutions. Nothing in this section shall be construed as altering (1) the law of standing to raise the issue of an unreasonable search or seizure; (2) the law relating to the status of the person conducting the search or seizure; (3) the law relating to the burden of proof regarding the search or seizure; (4) the law relating to the reasonableness of a search or seizure regardless of any warrant that may have been utilized; or (5) the procedure and law relating to a motion made pursuant to Section 871.5 or 995, or the procedures that may be initiated after the granting or denial of a motion. (o) Within 30 days after a defendant’s motion is granted at a special hearing in a felony case, the people may file a petition for writ of mandate or prohibition in the court of appeal, seeking appellate review of the ruling regarding the search or seizure motion. If the trial of a criminal case is set for a date that is less than 30 days from the granting of a defendant’s motion at a special hearing in a felony case, the people, if they have not filed a petition and wish to preserve their right to file a petition, shall file in the superior court on or before the trial date or within 10 days after the special hearing, whichever occurs last, a notice of intention to file a petition and shall serve a copy of the notice upon the defendant. (p) If a defendant’s motion to return property or suppress evidence in a felony matter has been granted twice, the people may not file a new complaint or seek an indictment in order to relitigate the motion or relitigate the matter de novo at a special hearing as otherwise provided by subdivision (j), unless the people discover additional evidence relating to the motion that was not reasonably discoverable at the time of the second suppression hearing. Relitigation of the motion shall be heard by the same judge who granted the motion at the first hearing if the judge is available. (q) The amendments to this section enacted in the 1997 portion of the 1997–98 Regular Session of the Legislature shall apply to all criminal proceedings conducted on or after January 1, 1998. (Amended by Stats. 2007, Ch. 302, Sec. 19. Effective January 1, 2008.)
  23. 1539.

    ## 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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    In certain felony search-warrant hearings, the judge or magistrate must hear testimony and the reporter must transcribe, file, and help distribute the transcript; defendants can also get access to certain prior refused warrant applications.

    ## 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. ) ## 1539. (a) If a special hearing is held in a felony case pursuant to Section 1538.5, or if the grounds on which the warrant was issued are controverted and a motion to return property is made (i) by a defendant on grounds not covered by Section 1538.5, (ii) by a defendant whose property has not been offered or will not be offered as evidence against the defendant, or (iii) by a person who is not a defendant in a criminal action at the time the hearing is held, the judge or magistrate shall proceed to take testimony in relation thereto, and the testimony of each witness shall be reduced to writing and authenticated by a shorthand reporter in the manner prescribed in Section 869. (b) The reporter shall forthwith transcribe the reporter’s shorthand notes pursuant to this section if any party to a special hearing in a felony case files a written request for its preparation with the clerk of the court in which the hearing was held. The reporter shall forthwith file in the superior court an original and as many copies thereof as there are defendants (other than a fictitious defendant) or persons aggrieved. The reporter is entitled to compensation in accordance with the provisions of Section 869. In every case in which a transcript is filed as provided in this section, the clerk of the court shall deliver the original of the transcript so filed to the district attorney immediately upon receipt thereof and shall deliver a copy of the transcript to each defendant (other than a fictitious defendant) upon demand without cost to the defendant. (c) Upon a motion by a defendant pursuant to this chapter, the defendant is entitled to discover any previous application for a search warrant in the case which was refused by a magistrate for lack of probable cause. (Amended by Stats. 2002, Ch. 71, Sec. 7. Effective January 1, 2003.)
  24. 154.

    ## 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 debtor may not fraudulently move, sell, transfer, assign, or hide property to defraud, hinder, or delay creditors.

    ## 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. ) ## 154. (a) Every debtor who fraudulently removes his or her property or effects out of this state, or who fraudulently sells, conveys, assigns or conceals his or her property with intent to defraud, hinder or delay his or her creditors of their rights, claims, or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Where the property so removed, sold, conveyed, assigned, or concealed consists of a stock in trade, or a part thereof, of a value exceeding two hundred fifty dollars ($250), the offense shall be a felony and punishable as such. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 6. (SB 18 3x) Effective January 25, 2010.)
  25. 1540.

    ## 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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    If seized property does not match the warrant, or there was no probable cause for the warrant grounds, the magistrate must have it returned to the person it was taken from.

    ## 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. ) ## 1540. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken. (Enacted 1872.)
  26. 1541.

    ## 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 magistrate must attach the affidavit, search warrant, return, and inventory, and if the magistrate lacks power to inquire into the offense, must immediately file those documents with the clerk of the court that has that power.

    ## 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. ) ## 1541. The magistrate must annex the affidavit, or affidavits, the search warrant and return, and the inventory, and if he has not power to inquire into the offense in respect to which the warrant was issued, he must at once file such warrant and return and such affidavit, or affidavits, and inventory with the clerk of the court having power to so inquire. (Amended by Stats. 1957, Ch. 1881.)
  27. 1542.

    ## 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 magistrate may order a person charged with a felony to be searched if the magistrate thinks the person has a dangerous weapon or evidence on their 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 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. ) ## 1542. When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order, or to the order of the Court in which the defendant may be tried. (Enacted 1872.)
  28. 1542.5.

    ## 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 3. Of Search Warrants [1523 - 1542.5] ( Chapter 3 enacted 1872. )

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    This section requires an officer executing certain search warrants to take custody of firearms or ammunition found in the restrained person’s control or possession, and limits seizure or search of some items owned by others.

    ## 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. ) ## 1542.5. Notwithstanding any other law, with regards to a search warrant issued upon the grounds specified in paragraph (14) of subdivision (a) of Section 1524, the following shall apply: (a) The law enforcement officer executing the warrant shall take custody of any firearm or ammunition that is in the restrained person’s custody or control or possession or that is owned by the restrained person, which is discovered pursuant to a consensual or other lawful search. (b) (1) If the location to be searched during the execution of the warrant is jointly occupied by the restrained person and one or more other persons and a law enforcement officer executing the warrant finds a firearm or ammunition in the restrained person’s custody or control or possession, but that is owned by a person other than the restrained person, the firearm or ammunition shall not be seized if both of the following conditions are satisfied: (A) The firearm or ammunition is removed from the restrained person’s custody or control or possession and stored in a manner that the restrained person does not have access to or control of the firearm or ammunition. (B) There is no evidence of unlawful possession of the firearm or ammunition by the owner of the firearm or ammunition. (2) If the location to be searched during the execution of the warrant is jointly occupied by the restrained person and one or more other persons and a locked gun safe is located that is owned by a person other than the restrained person, the contents of the gun safe shall not be searched except in the owner’s presence, and with his or her consent or with a valid search warrant for the gun safe. (c) This section shall become operative on January 1, 2016. (Added by Stats. 2014, Ch. 872, Sec. 2. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  29. 1543.

    ## 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 3.5. Disclosure of Medical Records to Law Enforcement Agencies [1543 - 1545] ( Chapter 3.5 added by Stats. 1980, Ch. 1080, Sec. 1. )

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    Medical records held by a health care facility may be disclosed to law enforcement only with patient consent, a court order, or a search warrant, and disclosure must be limited to what the order allows.

    ## 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 3.5. Disclosure of Medical Records to Law Enforcement Agencies [1543 - 1545] ( Chapter 3.5 added by Stats. 1980, Ch. 1080, Sec. 1. ) ## 1543. (a) Records of the identity, diagnosis, prognosis, or treatment of any patient maintained by a health care facility which are not privileged records required to be secured by the special master procedure in Section 1524, or records required by law to be confidential, shall only be disclosed to law enforcement agencies pursuant to this section: (1) In accordance with the prior written consent of the patient; or (2) If authorized by an appropriate order of a court of competent jurisdiction in the county where the records are located, granted after application showing good cause therefor. In assessing good cause, the court: (A) Shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services; (B) Shall determine that there is a reasonable likelihood that the records in question will disclose material information or evidence of substantial value in connection with the investigation or prosecution; or (3) By a search warrant obtained pursuant to Section 1524. (b) The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when he or she ceases to be a patient. (c) Except where an extraordinary order under Section 1544 is granted or a search warrant is obtained pursuant to Section 1524, any health care facility whose records are sought under this chapter shall be notified of the application and afforded an opportunity to appear and be heard thereon. (d) Both disclosure and dissemination of any information from the records shall be limited under the terms of the order to assure that no information will be unnecessarily disclosed and that dissemination will be no wider than necessary. This chapter shall not apply to investigations of fraud in the provision or receipt of Medi-Cal benefits, investigations of insurance fraud performed by the Department of Insurance or the California Highway Patrol, investigations of workers’ compensation insurance fraud performed by the Department of Corrections and conducted by peace officers specified in paragraph (2) of subdivision (d) of Section 830.2, and investigations and research regarding occupational health and safety performed by or under agreement with the Department of Industrial Relations. Access to medical records in these investigations shall be governed by all laws in effect at the time access is sought. (e) Nothing in this chapter shall prohibit disclosure by a medical facility or medical provider of information contained in medical records where disclosure to specific agencies is mandated by statutes or regulations. (f) This chapter shall not be construed to authorize disclosure of privileged records to law enforcement agencies by the procedure set forth in this chapter, where the privileged records are required to be secured by the special master procedure set forth in subdivision (c) of Section 1524 or required by law to be confidential. (Amended by Stats. 2004, Ch. 490, Sec. 2. Effective January 1, 2005.)
  30. 1544.

    ## 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 3.5. Disclosure of Medical Records to Law Enforcement Agencies [1543 - 1545] ( Chapter 3.5 added by Stats. 1980, Ch. 1080, Sec. 1. )

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    A law enforcement agency seeking patient records may ask the court to delay notice to the health care facility for up to 30 days if it shows good cause that notice would seriously impede the investigation.

    ## 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 3.5. Disclosure of Medical Records to Law Enforcement Agencies [1543 - 1545] ( Chapter 3.5 added by Stats. 1980, Ch. 1080, Sec. 1. ) ## 1544. A law enforcement agency applying for disclosure of patient records under Section 1543 may petition the court for an extraordinary order delaying the notice of the application to the health care facility required by subdivision (f) of Section 1543 for a period of 30 days, upon a showing of good cause to believe that notice would seriously impede the investigation. (Added by Stats. 1980, Ch. 1080, Sec. 1.)
  31. 1545.

    ## 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 3.5. Disclosure of Medical Records to Law Enforcement Agencies [1543 - 1545] ( Chapter 3.5 added by Stats. 1980, Ch. 1080, Sec. 1. )

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    This section defines “health care facility” and “law enforcement agency” for this chapter.

    ## 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 3.5. Disclosure of Medical Records to Law Enforcement Agencies [1543 - 1545] ( Chapter 3.5 added by Stats. 1980, Ch. 1080, Sec. 1. ) ## 1545. For the purposes of this chapter: (a) “Health care facility” means any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code, or any mental hospital, drug abuse clinic, or detoxification center. (b) “Law enforcement agency” means the Attorney General of the State of California, every district attorney, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators. (Added by Stats. 1980, Ch. 1080, Sec. 1.)
  32. 1546.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. )

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    This section defines terms used in the chapter on electronic communications privacy.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. ) ## 1546. For purposes of this chapter, the following definitions apply: (a) An “adverse result” means any of the following: (1) Danger to the life or physical safety of an individual. (2) Flight from prosecution. (3) Destruction of or tampering with evidence. (4) Intimidation of potential witnesses. (5) Serious jeopardy to an investigation or undue delay of a trial. (b) “Authorized possessor” means the possessor of an electronic device when that person is the owner of the device or has been authorized to possess the device by the owner of the device. (c) “Electronic communication” means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. (d) “Electronic communication information” means any information about an electronic communication or the use of an electronic communication service, including, but not limited to, the contents, sender, recipients, format, or location of the sender or recipients at any point during the communication, the time or date the communication was created, sent, or received, or any information pertaining to any individual or device participating in the communication, including, but not limited to, an IP address. “Electronic communication information” does not include subscriber information as defined in this chapter. (e) “Electronic communication service” means a service that provides to its subscribers or users the ability to send or receive electronic communications, including any service that acts as an intermediary in the transmission of electronic communications, or stores electronic communication information. (f) “Electronic device” means a device that stores, generates, or transmits information in electronic form. An electronic device does not include the magnetic strip on a driver’s license or an identification card issued by this state or a driver’s license or equivalent identification card issued by another state. (g) “Electronic device information” means any information stored on or generated through the operation of an electronic device, including the current and prior locations of the device. (h) “Electronic information” means electronic communication information or electronic device information. (i) “Government entity” means a department or agency of the state or a political subdivision thereof, or an individual acting for or on behalf of the state or a political subdivision thereof. (j) “Service provider” means a person or entity offering an electronic communication service. (k) “Specific consent” means consent provided directly to the government entity seeking information, including, but not limited to, when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. Specific consent does not require that the originator of the communication have actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity. (l) “Subscriber information” means the name, street address, telephone number, email address, or similar contact information provided by the subscriber to the service provider to establish or maintain an account or communication channel, a subscriber or account number or identifier, the length of service, and the types of services used by a user of or subscriber to a service provider. (Amended by Stats. 2016, Ch. 541, Sec. 2. (SB 1121) Effective January 1, 2017.)
  33. 1546.1.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. )

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    This section limits when a government entity may access or compel electronic communication or device information, and requires destruction of some voluntarily disclosed information within 90 days unless an exception applies.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. ) ## 1546.1. (a) Except as provided in this section, a government entity shall not do any of the following: (1) Compel the production of or access to electronic communication information from a service provider. (2) Compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device. (3) Access electronic device information by means of physical interaction or electronic communication with the electronic device. This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity. (b) A government entity may compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only under the following circumstances: (1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). (2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. (3) Pursuant to an order for electronic reader records issued pursuant to Section 1798.90 of the Civil Code. (4) Pursuant to a subpoena issued pursuant to existing state law, provided that the information is not sought for the purpose of investigating or prosecuting a criminal offense, and compelling the production of or access to the information via the subpoena is not otherwise prohibited by state or federal law. Nothing in this paragraph shall be construed to expand any authority under state law to compel the production of or access to electronic information. (5) Pursuant to an order for a pen register or trap and trace device, or both, issued pursuant to Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1. (c) A government entity may access electronic device information by means of physical interaction or electronic communication with the device only as follows: (1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). (2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. (3) Pursuant to a tracking device search warrant issued pursuant to paragraph (12) of subdivision (a) of Section 1524 and subdivision (b) of Section 1534. (4) With the specific consent of the authorized possessor of the device. (5) With the specific consent of the owner of the device, only when the device has been reported as lost or stolen. (6) If the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to the electronic device information. (7) If the government entity, in good faith, believes the device to be lost, stolen, or abandoned, provided that the government entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner or authorized possessor of the device. (8) Except where prohibited by state or federal law, if the device is seized from an inmate’s possession or found in an area of a correctional facility or a secure area of a local detention facility where inmates have access, the device is not in the possession of an individual, and the device is not known or believed to be the possession of an authorized visitor. This paragraph shall not be construed to supersede or override Section 4576. (9) Except where prohibited by state or federal law, if the device is seized from an authorized possessor of the device who is serving a term of parole under the supervision of the Department of Corrections and Rehabilitation or a term of postrelease community supervision under the supervision of county probation. (10) Except where prohibited by state or federal law, if the device is seized from an authorized possessor of the device who is subject to an electronic device search as a clear and unambiguous condition of probation, mandatory supervision, or pretrial release. (11) If the government entity accesses information concerning the location or the telephone number of the electronic device in order to respond to an emergency 911 call from that device. (12) Pursuant to an order for a pen register or trap and trace device, or both, issued pursuant to Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1. (d) Any warrant for electronic information shall comply with the following: (1) The warrant shall describe with particularity the information to be seized by specifying, as appropriate and reasonable, the time periods covered, the target individuals or accounts, the applications or services covered, and the types of information sought, provided, however, that in the case of a warrant described in paragraph (1) of subdivision (c), the court may determine that it is not appropriate to specify time periods because of the specific circumstances of the investigation, including, but not limited to, the nature of the device to be searched. (2) The warrant shall require that any information obtained through the execution of the warrant that is unrelated to the objective of the warrant shall be sealed and shall not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 and 1054.7. A court shall issue such an order upon a finding that there is probable cause to believe that the information is relevant to an active investigation, or review, use, or disclosure is required by state or federal law. (3) The warrant shall comply with all other provisions of California and federal law, including any provisions prohibiting, limiting, or imposing additional requirements on the use of search warrants. If directed to a service provider, the warrant shall be accompanied by an order requiring the service provider to verify the authenticity of electronic information that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the Evidence Code. Admission of that information into evidence shall be subject to Section 1562 of the Evidence Code. (e) When issuing any warrant or order for electronic information, or upon the petition from the target or recipient of the warrant or order, a court may, at its discretion, do either or both of the following: (1) Appoint a special master, as described in subdivision (d) of Section 1524, charged with ensuring that only information necessary to achieve the objective of the warrant or order is produced or accessed. (2) Require that any information obtained through the execution of the warrant or order that is unrelated to the objective of the warrant be destroyed as soon as feasible after the termination of the current investigation and any related investigations or proceedings. (f) A service provider may voluntarily disclose electronic communication information or subscriber information when that disclosure is not otherwise prohibited by state or federal law. (g) If a government entity receives electronic communication information voluntarily provided pursuant to subdivision (f), it shall destroy that information within 90 days unless one or more of the following circumstances apply: (1) The government entity has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed. (2) The government entity obtains a court order authorizing the retention of the information. A court shall issue a retention order upon a finding that the conditions justifying the initial voluntary disclosure persist, in which case the court shall authorize the retention of the information only for so long as those conditions persist, or there is probable cause to believe that the information constitutes evidence that a crime has been committed. (3) The government entity reasonably believes that the information relates to child pornography and the information is retained as part of a multiagency database used in the investigation of child pornography and related crimes. (4) The service provider or subscriber is, or discloses the information to, a federal, state, or local prison, jail, or juvenile detention facility, and all participants to the electronic communication were informed, prior to the communication, that the service provider may disclose the information to the government entity. (h) If a government entity obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, that requires access to the electronic information without delay, the government entity shall, within three court days after obtaining the electronic information, file with the appropriate court an application for a warrant or order authorizing obtaining the electronic information or a motion seeking approval of the emergency disclosures that shall set forth the facts giving rise to the emergency, and if applicable, a request supported by a sworn affidavit for an order delaying notification under paragraph (1) of subdivision (b) of Section 1546.2. The court shall promptly rule on the application or motion and shall order the immediate destruction of all information obtained, and immediate notification pursuant to subdivision (a) of Section 1546.2 if that notice has not already been given, upon a finding that the facts did not give rise to an emergency or upon rejecting the warrant or order application on any other ground. This subdivision does not apply if the government entity obtains information concerning the location or the telephone number of the electronic device in order to respond to an emergency 911 call from that device. (i) This section does not limit the authority of a government entity to use an administrative, grand jury, trial, or civil discovery subpoena to do any of the following: (1) Require an originator, addressee, or intended recipient of an electronic communication to disclose any electronic communication information associated with that communication. (2) Require an entity that provides electronic communications services to its officers, directors, employees, or agents for the purpose of carrying out their duties, to disclose electronic communication information associated with an electronic communication to or from an officer, director, employee, or agent of the entity. (3) Require a service provider to provide subscriber information. (j) This section does not limit the authority of the Public Utilities Commission or the State Energy Resources Conservation and Development Commission to obtain energy or water supply and consumption information pursuant to the powers granted to them under the Public Utilities Code or the Public Resources Code and other applicable state laws. (k) This chapter shall not be construed to alter the authority of a government entity that owns an electronic device to compel an employee who is authorized to possess the device to return the device to the government entity’s possession. (Amended by Stats. 2016, Ch. 541, Sec. 3.5. (SB 1121) Effective January 1, 2017.)
  34. 1546.2.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. )

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    This section requires government entities to give notice after executing a warrant or getting electronic information in an emergency, with limited exceptions, and allows delayed notice by court 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. ) ## 1546.2. (a) (1) Except as otherwise provided in this section, any government entity that executes a warrant, or obtains electronic information in an emergency pursuant to Section 1546.1, shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the warrant or emergency access, a notice that informs the recipient that information about the recipient has been compelled or obtained, and states with reasonable specificity the nature of the government investigation under which the information is sought. The notice shall include a copy of the warrant or a written statement setting forth facts giving rise to the emergency. The notice shall be provided contemporaneously with the execution of a warrant, or, in the case of an emergency, within three court days after obtaining the electronic information. (2) Notwithstanding paragraph (1), notice is not required if the government entity accesses information concerning the location or the telephone number of an electronic device in order to respond to an emergency 911 call from that device. (b) (1) When a warrant is sought or electronic information is obtained in an emergency under Section 1546.1, the government entity may submit a request supported by a sworn affidavit for an order delaying notification and prohibiting any party providing information from notifying any other party that information has been sought. The court shall issue the order if the court determines that there is reason to believe that notification may have an adverse result, but only for the period of time that the court finds there is reason to believe that the notification may have that adverse result, and not to exceed 90 days. (2) The court may grant extensions of the delay of up to 90 days each on the same grounds as provided in paragraph (1). (3) Upon expiration of the period of delay of the notification, the government entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the order authorizing delayed notification, the identified targets of the warrant or emergency access, a document that includes the information described in subdivision (a), a copy of all electronic information obtained or a summary of that information, including, at a minimum, the number and types of records disclosed, the date and time when the earliest and latest records were created, and a statement of the grounds for the court’s determination to grant a delay in notifying the individual. (c) If there is no identified target of a warrant or emergency access at the time of its issuance, the government entity shall submit to the Department of Justice within three days of the execution of the warrant or issuance of the request all of the information required in subdivision (a). If an order delaying notice is obtained pursuant to subdivision (b), the government entity shall submit to the department upon the expiration of the period of delay of the notification all of the information required in paragraph (3) of subdivision (b). The department shall publish all those reports on its Internet Web site within 90 days of receipt. The department may redact names or other personal identifying information from the reports. (d) Except as otherwise provided in this section, nothing in this chapter shall prohibit or limit a service provider or any other party from disclosing information about any request or demand for electronic information. (Amended by Stats. 2017, Ch. 269, Sec. 10. (SB 811) Effective January 1, 2018.)
  35. 1546.4.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. )

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    People in a trial or hearing may move to suppress certain electronic information, the Attorney General may sue to force government compliance, and affected people or recipients may ask the issuing court to void, modify, or destroy information tied to inconsistent legal process.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. ) ## 1546.4. (a) Any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of the Fourth Amendment to the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in subdivisions (b) to (q), inclusive, of Section 1538.5. (b) The Attorney General may commence a civil action to compel any government entity to comply with the provisions of this chapter. (c) An individual whose information is targeted by a warrant, order, or other legal process that is inconsistent with this chapter, or the California Constitution or the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of this chapter, or the California Constitution, or the United States Constitution. (d) A California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, court order, statutory authorization, emergency certification, or wiretap order issued pursuant to this chapter. (Added by Stats. 2015, Ch. 651, Sec. 1. (SB 178) Effective January 1, 2016.)
  36. 1546.5.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. )

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    Certain California-based electronic communications providers must not comply in California with out-of-state legal process tied to prohibited-violation investigations, and the Attorney General may sue to compel compliance with this section.

    ## 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 3.6. Electronic Communications Privacy Act [1546 - 1546.5] ( Chapter 3.6 added by Stats. 2015, Ch. 651, Sec. 1. ) ## 1546.5. (a) A California corporation or a corporation whose principal executive offices are located in California that provides electronic communications services shall not, in California, provide records, information, facilities, or assistance in accordance with the terms of a warrant, court order, subpoena, wiretap order, pen register trap and trace order, or other legal process issued by, or pursuant to, the procedures of another state or a political subdivision thereof that relates to an investigation into or enforcement of a prohibited violation, as defined in Section 629.51. (b) The Attorney General may commence a civil action to compel any California corporation or a corporation whose principal executive offices are located in California that provides electronic communications services to comply with the provisions of this section. (c) A California corporation or a corporation whose principal executive offices are located in California, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, court order, subpoena, wiretap order, pen register trap and trace order, or other legal process issued by, or pursuant to, the procedures of another state or a political subdivision thereof, except where the corporation knew or should have known that the warrant, court order, subpoena, wiretap order, pen register trap and trace order, or other legal process relates to an investigation into or enforcement of a prohibited violation, as defined in Section 629.51. (Added by Stats. 2022, Ch. 627, Sec. 9. (AB 1242) Effective September 27, 2022.)
  37. 1547.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    The Governor may offer rewards for information leading to arrest and conviction in specified serious cases, subject to dollar caps and conditions.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1547. (a) The Governor may offer a reward of not more than fifty thousand dollars ($50,000), payable out of the General Fund, for information leading to the arrest and conviction of any of the following: (1) Any convict who has escaped from a state prison, prison camp, prison farm, or the custody of any prison officer or employee or as provided in Section 3059 or 4530. (2) Any person who has committed, or is charged with the commission of, an offense punishable by death. (3) (A) Any person engaged in the robbery or hijacking of, or any attempt to rob or hijack, any person upon or in charge of, in whole or in part, any public conveyance engaged at the time in carrying passengers within this state. (B) As used in this paragraph, “hijacking” means an unauthorized person causing, or attempting to cause, by violence or threat of violence, a public conveyance to go to an unauthorized destination. (4) Any person who attempts to murder either in the first or second degree, assaults with a deadly weapon, or inflicts serious bodily harm upon a peace officer or firefighter who is acting in the line of duty. (5) Any person who has committed a crime involving the burning or bombing of public or private property, including any public hospital housed in a privately owned facility. (6) Any person who has committed a crime involving the burning or bombing of any private hospital. A reward may be offered by the Governor in conjunction with that crime only if a reward in conjunction with the same crime is offered by the hospital, or any other public or private donor on its behalf. The amount of the reward offered by the Governor shall not exceed the aggregate amount offered privately, or fifty thousand dollars ($50,000), whichever is less. Nothing in this paragraph shall preclude a private hospital, or any public or private donor on its behalf, from offering a reward in an amount exceeding fifty thousand dollars ($50,000). If a person providing information for a reward under this paragraph so requests, his or her name and address shall remain confidential. This confidentiality, however, shall not preclude or obstruct the investigations of law enforcement authorities. (7) Any person who commits a violation of Section 11413. (8) Any person who commits a violation of Section 207. (9) Any person who has committed a crime involving the burning or bombing of any bookstore or public or private library not subject to Section 11413. A reward may be offered by the Governor in conjunction with that crime only if a reward in conjunction with the same crime is offered by the bookstore or library, or any other public or private donor on its behalf. The amount of the reward offered by the Governor shall not exceed the aggregate amount offered privately, or fifty thousand dollars ($50,000), whichever is less. Nothing in this paragraph shall preclude a bookstore or public or private library, or any public or private donor on its behalf, from offering a reward in an amount exceeding fifty thousand dollars ($50,000). If a person providing information for a reward under this paragraph so requests, his or her name and address shall remain confidential. This confidentiality, however, shall not preclude or obstruct the investigations of law enforcement authorities. (10) Any person who commits a violation of Section 454 or 463. (11) Any person who willfully and maliciously sets fire to, or who attempts to willfully and maliciously set fire to, any property that is included within a hazardous fire area designated by the State Board of Forestry and Fire Protection pursuant to Section 4252 of the Public Resources Code or by the Director of Forestry and Fire Protection pursuant to Section 4253 of the Public Resources Code, if the fire, or attempt to set a fire, results in death or great bodily injury to anyone, including fire protection personnel, or if the fire causes substantial structural damage. (12) Any person who has committed, or is charged with the commission of, a felony that is punishable under Section 422.75 and that resulted in serious bodily injury or in property damage of more than ten thousand dollars ($10,000). (13) Any person who commits an act that violates Section 11411, if the Governor determines that the act is one in a series of similar or related acts committed in violation of that section by the same person or group. (b) The Governor may offer a reward of not more than one hundred thousand dollars ($100,000) for information leading to the arrest and conviction of any person who kills a peace officer or firefighter who is acting in the line of duty. (c) The Governor may offer a reward of not more than one hundred thousand dollars ($100,000), payable out of the General Fund, for information leading to the arrest and conviction of any person who commits arson upon a place of worship. (d) The reward shall be paid to the person giving the information, promptly upon the conviction of the person so arrested, after a recommendation from the United States Attorney, or the California Attorney General, or the district attorney and the chief law enforcement officer, or his or her designate, in the jurisdiction where the crime occurred. Rewards shall only be paid to the person if the information is given voluntarily, at the person’s own initiative. Rewards shall not be paid as part of any plea bargain. (e) The reward may also be paid to the person giving the information if both of the following are met: (1) The arrest or conviction of the person for an offense described in subdivision (a), (b), or (c) is rendered impossible by an intervening event, including, but not limited to, the death of the person during a pursuit by law enforcement, or while in custody. (2) The appropriate law enforcement officials, after reviewing the evidence related to the crime or crimes, determine that the person is the individual responsible for the crime or crimes for which the reward was offered, and that the information would have reasonably led to the arrest and conviction of that person. (f) If more than one claimant is eligible for any reward issued pursuant to this section, the Governor may apportion the reward money in a manner the Governor deems appropriate. (Amended by Stats. 2002, Ch. 529, Sec. 1. Effective January 1, 2003.)
  38. 1548.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This section defines key terms used in the chapter on proceedings against fugitives from justice.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1548. As used in this chapter: (a) “Governor” means any person performing the functions of Governor by authority of the law of this State. (b) “Executive authority” means the Governor or any person performing the functions of Governor in a State other than this State. (c) “State,” referring to a State other than the State of California, means any other State or Territory, organized or unorganized, of the United States of America. (d) “Laws of the United States” means: (1) those laws of the United States passed by Congress pursuant to authority given to Congress by the Constitution of the United States where the laws of the United States are controlling, and (2) those laws of the United States not controlling the several States of the United States but which are not in conflict with the provisions of this chapter. (Repealed and added by Stats. 1937, Ch. 554.)
  39. 1548.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    The Governor of this State must have certain fugitives arrested and delivered to the executive authority of another State.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1548.1. Subject to the provisions of this chapter, the Constitution of the United States, and the laws of the United States, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other State any person charged in that State with treason, felony, or other crime, who has fled from justice and is found in this State. (Added by Stats. 1937, Ch. 554.)
  40. 1548.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    The Governor may recognize an extradition demand only if it is written and alleges the accused was present in the demanding State when the crime happened and later fled. The demand must also include specified supporting papers, and the certifying executive authority must authenticate the copies.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1548.2. No demand for the extradition of a person charged with crime in another State shall be recognized by the Governor unless it is in writing alleging that the accused was present in the demanding State at the time of the commission of the alleged crime, and that thereafter he fled from that State. Such demand shall be accompanied by a copy of an indictment found or by information or by a copy of an affidavit made before a magistrate in the demanding State together with a copy of any warrant which was issued thereon; or such demand shall be accompanied by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding State that the person claimed has escaped from confinement or has violated the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be certified as authentic by the executive authority making the demand. (Added by Stats. 1937, Ch. 554.)
  41. 1548.3.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    If another state requests surrender of a person charged with crime, the Governor may ask the Attorney General or a district attorney to investigate and report on the person and the demand.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1548.3. When a demand is made upon the Governor of this State by the executive authority of another State for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any district attorney in this State to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered according to the provision of this chapter. (Added by Stats. 1937, Ch. 554.)
  42. 1549.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    The Governor may arrange extradition or surrender a person under the conditions stated in this section.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1549. When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or is held under criminal proceedings then pending against him or her in another state, the Governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or his or her term of sentence in the other state, upon the condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated. The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in Section 1548.2 with having violated the laws of the demanding state even though such person left the demanding state involuntarily. (Amended by Stats. 1987, Ch. 828, Sec. 101.)
  43. 1549.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    The Governor may surrender a person to another state on that state’s demand if the person is charged under Section 1548.2 and the conduct occurred in this state or a third state, with an intentional result in the demanding state.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1549.1. The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in the other state in the manner provided in Section 1548.2 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of this chapter, not otherwise inconsistent, shall apply to those cases, even though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. Neither the demand, the oath, nor any proceedings under this chapter pursuant to this section need state or show that the accused has fled from justice from, or at the time of the commission of the crime was in, the demanding or other state. (Amended by Stats. 1987, Ch. 828, Sec. 102.)
  44. 1549.15.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This section defines several terms, including “legally protected health care activity” and “reproductive health care services.”

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1549.15. For purposes of this section, the following terms have the following meanings: (a) “Gender-affirming health care” and “gender-affirming mental health care” have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code. (b) (1) “Legally protected health care activity” means any of the following: (A) The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services. (B) An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California. (C) The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, those services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patient’s location. (2) “Legally protected health care activity” does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California. (c) “Reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception. (Added by Stats. 2023, Ch. 260, Sec. 18. (SB 345) Effective January 1, 2024.)
  45. 1549.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    When a demand meets this chapter, the Governor or a written designee filed with the Secretary of State must sign an arrest warrant, and the warrant must state the facts needed to support its validity.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1549.2. If a demand conforms to the provisions of this chapter, the Governor or agent authorized in writing by the Governor whose authorization has been filed with the Secretary of State shall sign a warrant of arrest, which shall be sealed with the State Seal, and shall be directed to any peace officer or other person whom he may entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. The provisions of Section 850 shall be applicable to such warrant, except that it shall not be necessary to include a warrant number, address, or description of the subject, provided that a complaint under Section 1551 is then pending against the subject. (Amended by Stats. 1983, Ch. 793, Sec. 1.2.)
  46. 1549.3.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A warrant may let the named peace officer or other directed person arrest the accused, get help from others, and deliver the accused to the demanding State’s authorized agent.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1549.3. Such warrant shall authorize the peace officer or other person to whom it is directed: (a) To arrest the accused at any time and any place where he may be found within the State; (b) To command the aid of all peace officers or other persons in the execution of the warrant; and (c) To deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding State. (Added by Stats. 1937, Ch. 554.)
  47. 155.

    ## 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 facing a pending action or judgment over personal property must not fraudulently hide, sell, dispose of, or remove that property to hinder, delay, or defraud the other party.

    ## 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. ) ## 155. (a) Every person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of that property, with intent to hinder, delay, or defraud the person bringing the action or recovering the judgment, or with such intent removes that property beyond the limits of the county in which it may be at the time of the commencement of the action or the rendering of the judgment, is punishable by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Where the property so concealed, sold, disposed of, or removed consists of a stock in trade, or a part thereof, of a value exceeding two hundred fifty dollars ($250), the offenses shall be a felony and punishable as such. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 7. (SB 18 3x) Effective January 25, 2010.)
  48. 155.5.

    ## 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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    A defendant who owes a fine or restitution for a misdemeanor or felony must not transfer or hide property to reduce ability to pay or to avoid asset forfeiture.

    ## 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. ) ## 155.5. (a) Any defendant who is ordered to pay any fine or restitution in connection with the commission of a misdemeanor and who, after the plea or judgment and prior to sentencing, or during the period that a restitution fine or order remains unsatisfied and enforceable, sells, conveys, assigns, or conceals his or her property with the intent to lessen or impair his or her financial ability to pay in full any fine or restitution which he or she may lawfully be ordered to pay, or to avoid forfeiture of assets pursuant to the California Control of Profits of Organized Crime Act (Chapter 9 (commencing with Section 186) of this title), is guilty of a misdemeanor. (b) Any defendant who is ordered to pay any fine or restitution in connection with the commission of a felony and who, after the plea or judgment and prior to sentencing for the same felony offense, or during the period that a restitution order remains unsatisfied and enforceable, sells, conveys, assigns, or conceals his or her property with the intent to lessen or impair his or her financial ability to pay in full any fine or restitution which he or she may lawfully be ordered to pay or to avoid forfeiture of assets derived from either criminal profiteering pursuant to Chapter 9 (commencing with Section 186) of this title or trafficking in controlled substances pursuant to Chapter 8 (commencing with Section 11470) of Division 10 of the Health and Safety Code, is guilty of a felony. (Amended by Stats. 1996, Ch. 629, Sec. 1. Effective January 1, 1997.)
  49. 1550.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A person arrested under this warrant must be brought before a magistrate before being handed over, and the accused must be told of the surrender demand, the charge, and the right to counsel.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1550.1. No person arrested upon such warrant shall be delivered over to the agent of the executive authority demanding him unless he is first taken forthwith before a magistrate, who shall inform him of the demand made for his surrender, and of the crime with which he is charged, and that he has the right to demand and procure counsel. If the accused or his counsel desires to test the legality of the arrest, the magistrate shall remand the accused to custody, and fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. If the writ is denied, and probable cause appears for an application for a writ of habeas corpus to another court, or justice or judge thereof, the order denying the writ shall remand the accused to custody, and fix a reasonable time within which the accused may again apply for a writ of habeas corpus. When an application is made for a writ of habeas corpus as contemplated by this section, a copy of the application shall be served as provided in Section 1475, upon the district attorney of the county in which the accused is in custody, and upon the agent of the demanding state. A warrant issued in accordance with the provisions of Section 1549.2 shall be presumed to be valid, and unless a court finds that the person in custody is not the same person named in the warrant, or that the person is not a fugitive from justice, or otherwise subject to extradition under Section 1549.1, or that there is no criminal charge or criminal proceeding pending against the person in the demanding state, or that the documents are not on their face in order, the person named in the warrant shall be held in custody at all times, and shall not be eligible for release on bail. (Amended by Stats. 1983, Ch. 793, Sec. 2.)
  50. 1550.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    An officer or other person holding a Governor’s warrant must not, in wilful disobedience to the preceding section, deliver a person in custody to the demanding State’s agent.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1550.2. Any officer or other person entrusted with a Governor’s warrant who delivers to the agent of the demanding State a person in his custody under such Governor’s warrant, in wilful disobedience to the preceding section, is guilty of a misdemeanor and, on conviction thereof, shall be fined not more than $1,000 or be imprisoned not more than six months, or both. (Added by Stats. 1937, Ch. 554.)
  51. 1550.3.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A jail keeper must receive and safely keep a prisoner being transported through the state, and the transporting officer or agent may confine the prisoner in local jails if 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1550.3. The officer or persons executing the Governor’s warrant of arrest, or the agent of the demanding State to whom the prisoner has been delivered may confine the prisoner in the jail of any county or city through which he may pass. The keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route. Such officer or person shall be charged with the expense of keeping the prisoner. The officer or agent of a demanding State to whom a prisoner has been delivered following extradition proceedings in another State, or to whom a prisoner has been delivered after waiving extradition in such other State, and who is passing through this State with such a prisoner for the purpose of immediately returning such prisoner to the demanding State may confine the prisoner in the jail of any county or city through which he may pass. The keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route. Such officer or agent shall be charged with the expense of keeping the prisoner. Such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding State after a requisition by the executive authority thereof. Such prisoner shall not be entitled to demand a new requisition while in this State. (Added by Stats. 1937, Ch. 554.)
  52. 1551.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A magistrate must issue a warrant in covered fugitive-from-justice situations, and the filing agency must send specified complaint and out-of-state documents electronically to the Attorney General within 24 hours.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1551. (a) Whenever any person within this State is charged by a verified complaint before any magistrate of this State with the commission of any crime in any other State, or, with having been convicted of a crime in that State and having escaped from confinement, or having violated the terms of their bail, probation or parole or whenever complaint is made before any magistrate in this State setting forth on the affidavit of any credible person in another State that a crime has been committed in such other State and that the accused has been charged in such State with the commission of the crime, or that the accused has been convicted of a crime in that State and has escaped from bail, probation or parole and is believed to be in this State; then the magistrate shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named therein, wherever the individual may be found in this State, and to bring them before the same or any other magistrate who is available in or convenient of access to the place where the arrest is made. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. (b) Within 24 hours of the filing of any verified complaint pursuant to this section, the filing agency shall transmit electronically to the Attorney General a complete copy of the verified complaint, the out-of-state indictment, information, complaint, or judgment, out-of-state warrant, and the affidavit upon which the out-of-state warrant was issued. (Amended by Stats. 2022, Ch. 627, Sec. 10. (AB 1242) Effective September 27, 2022.)
  53. 1551.05.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    Certain outpatient-status persons who leave the state without complying with Section 1611, or do not return on the court-specified date, are subject to extradition.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1551.05. (a) Any person on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 or pursuant to subdivision (d) of Section 2972 who leaves this state without complying with Section 1611, or who fails to return to this state on the date specified by the committing court, shall be subject to extradition in accordance with this section. (b) If the return to this state is required by a person who is subject to extradition pursuant to subdivision (a), the Director of State Hospitals shall present to the Governor a written application for requisition for the return of that person. In the requisition application there shall be stated the name of the person, the type of judicial commitment the person is under, the nature of the underlying criminal act which was the basis for the judicial commitment, the circumstances of the noncompliance with Section 1611, and the state in which the person is believed to be, including the specific location of the person, if known. (c) The application shall be verified, shall be executed in duplicate, and shall be accompanied by two certified copies of the court order of judicial commitment and of the court order authorizing outpatient status. The director may also attach any affidavits or other documents in duplicate as are deemed proper to be submitted with the application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one copy of the court orders shall be filed in the office of the Secretary of State. The other copies of all papers shall be forwarded with the Governor’s requisition. (d) Upon receipt of an application under this section, the Governor or agent authorized in writing by the Governor whose authorization has been filed with the Secretary of State, may sign a requisition for the return of the person. (Amended by Stats. 2012, Ch. 440, Sec. 37. (AB 1488) Effective September 22, 2012.)
  54. 1551.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A peace officer may arrest a person without a warrant if reasonable information shows the person is wanted or has escaped/violated release terms in another state, and the person must then be taken promptly before a magistrate with a sworn complaint.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1551.1. The arrest of a person may also be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of any other state with a crime punishable by death or imprisonment for a term exceeding one year, or that the person has been convicted of a crime punishable in the state of conviction by imprisonment for a term exceeding one year and thereafter escaped from confinement or violated the terms of his or her bail, probation or parole. When so arrested the accused shall be taken before a magistrate with all practicable speed and complaint shall be made against him or her under oath setting forth the ground for the arrest as in Section 1551. (Amended by Stats. 1987, Ch. 828, Sec. 104.)
  55. 1551.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    At the initial appearance, the arrested person must be told why they were arrested and that they can demand and obtain counsel. If they deny being the person charged or convicted in the other state, a hearing must be held within 10 days. The magistrate must accept certain certified court records, and out-of-state witnesses do not have to attend.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1551.2. At the initial appearance of a person arrested under Section 1551 or 1551.1, he shall be informed of the reason for his arrest and of his right to demand and procure counsel. If the person denies that he is the same person charged with or convicted of a crime in the other state, a hearing shall be held within 10 days to determine whether there is probable cause to believe that he is the same person and whether he is charged with or convicted of a crime in the other state. At the hearing, the magistrate shall accept a certified copy of an indictment found, an information, a verified complaint, a judgment or sentence, or other judicial proceedings against that person in the state in which the crime is charged or the conviction occurred, and such copy shall constitute conclusive proof of its contents. Witnesses from the other state shall not be required to be present at the hearing. (Amended by Stats. 1983, Ch. 793, Sec. 4.)
  56. 1551.3.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    After an arrest in this fugitive-from-justice proceeding, the magistrate must notify the district attorney, and the district attorney must then notify the State’s executive authority or another listed local official.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1551.3. Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the district attorney. The district attorney must immediately thereafter give notice to the executive authority of the State, or to the prosecuting attorney or presiding judge of the court of the city or county within the State having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged. (Added by Stats. 1937, Ch. 554.)
  57. 1552.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    If the accused appears to be the person charged, the magistrate must commit the person to county jail by warrant, for up to 30 days, unless bail is given or the person is legally discharged.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1552. If at the hearing before the magistrate, it appears that the accused is the person charged with having committed the crime alleged, the magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the State having jurisdiction of the offense, unless the accused give bail as provided in section 1552.1, or until he shall be legally discharged. (Repealed and added by Stats. 1937, Ch. 554.)
  58. 1552.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A magistrate may grant bail to an arrested person unless the charged offense is punishable by death or life imprisonment, or the person is alleged to have escaped or violated parole after a qualifying conviction.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1552.1. Unless the offense with which the prisoner is charged, is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, or it is shown that the prisoner is alleged to have escaped or violated the terms of his parole following conviction of a crime punishable in the state of conviction by imprisonment for a term exceeding one year, the magistrate may admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as he deems proper, conditioned upon the appearance of such person before him at a time specified in such bond or undertaking, and for his surrender upon the warrant of the Governor of this state. Nothing in this section or in Section 1553 shall be deemed to prevent the immediate service of a Governor’s warrant issued under Section 1549.2. (Amended by Stats. 1983, Ch. 793, Sec. 5.)
  59. 1552.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    If the accused is not arrested by the warrant deadline, a magistrate may discharge or recommit the accused for up to 60 days, and a higher court judge may again take bail within 60 days after a new bond or undertaking.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1552.2. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, a magistrate may discharge him or may recommit him for a further period of 60 days. In the latter event a justice of the Supreme Court or court of appeal or a judge of the superior court may again take bail for his appearance and surrender, as provided in Section 1552.1 but within a period not to exceed 60 days after the date of such new bond or undertaking. (Amended by Stats. 1967, Ch. 17.)
  60. 1553.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    If a bailed prisoner fails to appear and surrender as required by the bond, the magistrate must declare the bond forfeited and may order immediate arrest without warrant if the person is in the State.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1553. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this State. Recovery may be had on such bond in the name of the people of the State as in the case of other bonds or undertakings given by a defendant in criminal proceedings. (Repealed and added by Stats. 1937, Ch. 554.)
  61. 1553.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    If a prosecution is pending against a person charged under Section 1551, the Governor may, with the Attorney General’s consent, surrender that person to another state or hold the person in this state until the case is resolved.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1553.1. (a) If a criminal prosecution has been instituted against a person charged under Section 1551 under the laws of this state and is still pending, the Governor, with the consent of the Attorney General, may surrender the person on demand of the executive authority of another state or hold him or her until he or she has been tried and discharged or convicted and served his or her sentence in this state. (b) If a criminal prosecution has been instituted under the laws of this state against a person charged under Section 1551, the restrictions on the length of commitment contained in Sections 1552 and 1552.2 shall not be applicable during the period that the criminal prosecution is pending in this state. (Amended by Stats. 1983, Ch. 793, Sec. 6.)
  62. 1553.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    After an extradition demand with a formal criminal charge is presented, the Governor may not inquire into the accused’s guilt or innocence, except to identify the person charged.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1553.2. The guilt or innocence of the accused as to the crime with which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the Governor, except as such inquiry may be involved in identifying the person held as the person charged with the crime. (Added by Stats. 1937, Ch. 554.)
  63. 1554.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    The Governor may recall an arrest warrant or issue another warrant when he thinks it is proper.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1554. The Governor may recall his warrant of arrest or may issue another warrant whenever he deems it proper. (Repealed and added by Stats. 1937, Ch. 554.)
  64. 1554.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    When the Governor demands a person’s return, the Governor must issue a state-sealed warrant to an agent to take custody of the person and deliver them to the proper county officer.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1554.1. Whenever the Governor of this State shall demand the return of a person charged with crime in this State or with escaping from confinement or violating the terms of his bail, probation or parole in this State, from the executive authority of any other State or of any foreign government or the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand, he shall issue a warrant under the seal of this State to an agent, commanding him to receive the person so demanded and to convey him to the proper officer in the county in this State in which the offense was committed. (Added by Stats. 1937, Ch. 554.)
  65. 1554.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This section requires the district attorney to ask the Governor for a requisition when a person in another state must be returned to California, and it lets the Governor sign the requisition.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1554.2. (a) When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the Governor his written application for a requisition for the return of the person charged. In such application there shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, and the state in which he is believed to be, including the location of the accused therein at the time the application is made. Such application shall certify that, in the opinion of the district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. (b) When the return to this state is required of a person who has been convicted of a crime in this state and who has escaped from confinement or has violated the terms of his bail, probation or parole the district attorney of the county in which the offense was committed, the Board of Prison Terms, the Director of Corrections, the California Institution for Women, the Youth Authority, or the sheriff of the county from which escape from confinement was made, shall present to the Governor a written application for a requisition for the return of such person. In such application there shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape or of the violation of the terms of his bail, probation or parole, and the state in which he is believed to be, including the location of such person therein at the time application is made. (c) The application shall be verified, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment, the information, or the verified complaint made to the magistrate stating the offense with which the accused is charged, or the judgment of conviction or the sentence. The officer or board requesting the requisition may also attach such affidavits and other documents in duplicate as are deemed proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, verified complaint, information, or judgment of conviction or sentence shall be filed in the office of the Secretary of State. The other copies of all papers shall be forwarded with the Governor’s requisition. (d) Upon receipt of an application under this section, the Governor or agent authorized in writing by the Governor whose authorization has been filed with the Secretary of State, may sign a requisition for the return of the person charged and any other document incidental to that requisition or to the return of the person charged. (Amended by Stats. 1983, Ch. 793, Sec. 7.)
  66. 1554.3.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    After extradition, the person must be jailed with bail set at $100,000 plus any bail already on the warrant.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1554.3. After a person has been brought back to this state by extradition proceedings, the person shall be committed to a county jail with bail set in the amount of one hundred thousand dollars ($100,000) in addition to the amount of bail appearing on the warrant. A 48-hour noticed bail hearing, excluding weekends and holidays, is required to deviate from this prescribed bail amount. Nothing in this section is intended to preclude the application of subdivision (e) of Section 1270.1 to enhance the bail amount for the felony charge appearing on the warrant. (Added by Stats. 2011, Ch. 67, Sec. 1. (SB 291) Effective January 1, 2012.)
  67. 1555.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A person returned to this State on extradition for a criminal charge cannot be served with process in related civil actions until conviction, or if acquitted, until they have had a reasonable chance to return to the extraditing state.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1555. A person brought into this State on, or after waiver of extradition based on a criminal charge shall not be subject to service of process in civil actions arising out of the same facts as the criminal proceedings for which he is returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the State from which he was extradited. (Repealed and added by Stats. 1937, Ch. 554.)
  68. 1555.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    A person arrested on extradition-related charges may waive the Governor’s warrant process by signing a waiver before a magistrate, and the magistrate must explain the person’s extradition warrant rights first.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1555.1. Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation or parole may waive the issuance and service of the Governor’s warrant provided for in this chapter and all other procedure incidental to extradition proceedings, by subscribing in the presence of a magistrate within this state a writing which states that he or she consents to return to the demanding state; provided, however, that before such waiver shall be subscribed by such person, the magistrate shall inform him or her of his or her rights to require the issuance and service of a warrant of extradition as provided in this chapter. If such waiver is executed, it shall forthwith be forwarded to the office of the Governor of this state, and filed therein. The magistrate shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having such person in custody to deliver such person forthwith to the duly authorized agent of the demanding state, and shall deliver to such agent a copy of such waiver. Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, provided that state consents, nor shall this procedure of waiver be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state. (Amended by Stats. 1983, Ch. 793, Sec. 8.)
  69. 1555.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    If an arrested person refuses to sign an extradition waiver, the district attorney can seek a hearing, and the magistrate may order custody without bail unless a limited stipulation for release applies.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1555.2. (a) If the arrested person refuses to sign a waiver of extradition under Section 1555.1, a hearing shall be held, upon application of the district attorney, to determine whether the person is alleged to have violated the terms of his release within the past five years on bail or own recognizance while charged with a crime punishable in the charging state by imprisonment for a term exceeding one year, or on probation or parole following conviction of a crime punishable in the state of conviction by imprisonment for a term exceeding one year, and whether, as a condition of that release, the person was required to waive extradition. (b) At the hearing, the district attorney shall present a certified copy of the order from the other state conditionally releasing the person, including the condition that he was required to waive extradition together with a certified copy of the order from the other state directing the return of the person for violating the terms of his conditional release. The magistrate shall accept these certified copies as conclusive proof of their contents and shall presume the validity of the extradition waiver condition. (c) If the magistrate finds that there is probable cause to believe that the arrested person is the same person named in the conditional release order and the order commanding his return, the magistrate shall forthwith issue an order remanding the person to custody without bail and directing the delivery of the person to duly accredited agents of the other state. (d) Notwithstanding the provisions of subdivision (c), the district attorney may stipulate, with the concurrence of the other state, that the arrested person may be released on bail or own recognizance pending the arrival of duly accredited agents from the other state. (e) If the arrested person or his counsel desires to test the legality of the order issued under subdivision (c), the magistrate shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. If the writ is denied and probable cause appears for an application for a writ of habeas corpus to another court, or justice or judge thereof, the order denying the writ shall fix a reasonable time within which the accused may again apply for a writ of habeas corpus. Unless otherwise stipulated pursuant to subdivision (d), the arrested person shall remain in custody without bail. (Added by Stats. 1983, Ch. 793, Sec. 10.)
  70. 1555.3.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This chapter does not waive the state’s power or privilege to try a demanded person, regain custody, or keep its rights and jurisdiction.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1555.3. Nothing in this chapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try any demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state; nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any manner whatsoever. (Added by renumbering Section 1555.2 by Stats. 1983, Ch. 793, Sec. 9.)
  71. 1556.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    After extradition, the person may be tried in this State for other crimes committed in the State and for the crimes named in the extradition request.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1556. After a person has been brought back to this State by extradition proceedings, he may be tried in this State for other crimes which he may be charged with having committed in this State as well as for the crime or crimes specified in the requisition for his extradition. (Repealed and added by Stats. 1937, Ch. 554.)
  72. 1556.1.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This chapter must be interpreted to carry out its general purposes and to make the law uniform with states that enact legislation based on the Uniform Criminal Extradition Act.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1556.1. The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact legislation based upon the Uniform Criminal Extradition Act. (Added by Stats. 1937, Ch. 554.)
  73. 1556.2.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This chapter may be cited as the Uniform Criminal Extradition Act.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1556.2. This chapter may be cited as the Uniform Criminal Extradition Act. (Added by Stats. 1937, Ch. 554.)
  74. 1557.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This section lets certain public authorities pay and reimburse expenses for bringing a fugitive back, subject to Governor approval and specific documentation and timing rules.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1557. (a) This section shall apply when this state or a city, county, or city and county employs a person to travel to a foreign jurisdiction outside this state for the express purpose of returning a fugitive from justice to this state when the Governor of this state, in the exercise of the authority conferred by Section 2 of Article IV of the United States Constitution, or by the laws of this state, has demanded the surrender of the fugitive from the executive authority of any state of the United States, or of any foreign government. (b) Upon the approval of the Governor, the Controller shall audit and pay out of the State Treasury as provided in subdivision (c) or (d) the accounts of the person employed to bring back the fugitive, including any money paid by that person for all of the following: (1) Money paid to the authorities of a sister state for statutory fees in connection with the detention and surrender of the fugitive. (2) Money paid to the authorities of the sister state for the subsistence of the fugitive while detained by the sister state without payment of which the authorities of the sister state refuse to surrender the fugitive. (3) Where it is necessary to present witnesses or evidence in the sister state, without which the sister state would not surrender the fugitive, the cost of producing the witnesses or evidence in the sister state. (4) Where the appearance of witnesses has been authorized in advance by the Governor, who may authorize the appearance in unusual cases where the interests of justice would be served, the cost of producing witnesses to appear in the sister state on behalf of the fugitive in opposition to his or her extradition. (c) No amount shall be paid out of the State Treasury to a city, county, or city and county except as follows: (1) When a warrant has been issued by any magistrate after the filing of a complaint or the finding of an indictment and its presentation to the court and filing by the clerk, and the person named therein as defendant is a fugitive from justice who has been found and arrested in any state of the United States or in any foreign government, the county auditor shall draw his or her warrant and the county treasurer shall pay to the person designated to return the fugitive, the amount of expenses estimated by the district attorney to be incurred in the return of the fugitive. (2) If the person designated to return the fugitive is a city officer, the city officer authorized to draw warrants on the city treasury shall draw his or her warrant and the city treasurer shall pay to that person the amount of expenses estimated by the district attorney to be incurred in the return of the fugitive. (3) The person designated to return the fugitive shall make no disbursements from any funds advanced without a receipt being obtained therefor showing the amount, the purpose for which the sum is expended, the place, the date, and to whom paid. (4) A receipt obtained pursuant to paragraph (3) shall be filed by the person designated to return the fugitive with the county auditor or appropriate city officer or the Controller, as the case may be, together with an affidavit by the person that the expenditures represented by the receipts were necessarily made in the performance of duty, and when the advance has been made by the county or city treasurer to the person designated to return the fugitive, and has thereafter been audited by the Controller, the payment thereof shall be made by the State Treasurer to the county or city treasury that has advanced the funds. (5) If the expenses of the person employed to bring back the fugitive are less than the amount advanced on the recommendation of the district attorney, the person employed to bring back the fugitive shall return to the county or city treasurer, as appropriate, the difference in amount between the aggregate amount of receipts so filed by him or her, and the amount advanced to the person upon the recommendation of the district attorney. (6) When no advance has been made to the person designated to return the fugitive, the sums expended by him or her, when audited by the Controller, shall be paid by the State Treasurer to the person so designated. (7) Any payments made out of the State Treasury pursuant to this section shall be made from appropriations for the fiscal year in which those payments are made. (d) A city, county, or other jurisdiction shall not file, and the state shall not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred. Notwithstanding any other law, a person transporting a fugitive as authorized by the Governor pursuant to this section shall be reimbursed according to the rates in paragraphs (1) to (5), inclusive. Rates and rules for reimbursement of travel claims not specified in paragraphs (1) to (5), inclusive, shall be consistent with the rules of the Department of General Services. (1) Reimbursement for breakfast is up to four dollars ($4). (2) Reimbursement for lunch is up to seven dollars and twenty-five cents ($7.25). (3) Reimbursement for dinner is up to twelve dollars ($12). (4) Reimbursement for incidental expenses is up to three dollars and seventy-five cents ($3.75). (5) Reimbursement for a meal for a prisoner, patient, ward, or fugitive is up to the amounts specified in paragraphs (1) to (3), inclusive. (Amended by Stats. 2017, Ch. 17, Sec. 36. (AB 103) Effective June 27, 2017.)
  75. 1558.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. )

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    This section bars paying or receiving compensation, fees, profit, or rewards for certain fugitive-extradition services, except as allowed by Section 1557, and violations are misdemeanors.

    ## 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 4. Proceedings Against Fugitives From Justice [1547 - 1558] ( Chapter 4 enacted 1872. ) ## 1558. No compensation, fee, profit, or reward of any kind can be paid to or received by a public officer of this state, a corporation or firm, or other person, for a service rendered in procuring from the Governor the demand mentioned in Section 1557, or the surrender of the fugitive, or for conveying him or her to this state, or detaining him or her therein, except as provided for in that section. Every person who violates any of the provisions of this section is guilty of a misdemeanor. (Amended by Stats. 1990, Ch. 222, Sec. 1.)
  76. 156.

    ## 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 fraudulently presents an infant as the child of someone else, intending to stop an inheritance or estate distribution, is subject to imprisonment.

    ## 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. ) ## 156. Every person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate from any person lawfully entitled thereto, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (Amended by Stats. 2011, Ch. 15, Sec. 265. (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.)
  77. 1562.

    ## 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 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature [1562 - 1564] ( Chapter 5 enacted 1872. )

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    In a special criminal proceeding, the party prosecuting is called the complainant and the adverse party is called the defendant.

    ## 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 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature [1562 - 1564] ( Chapter 5 enacted 1872. ) ## 1562. The party prosecuting a special proceeding of a criminal nature is designated in this Code as the complainant, and the adverse party as the defendant. (Enacted 1872.)
  78. 1563.

    ## 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 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature [1562 - 1564] ( Chapter 5 enacted 1872. )

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    Section 1563 applies Section 1401’s rules on entitling affidavits to these proceedings.

    ## 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 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature [1562 - 1564] ( Chapter 5 enacted 1872. ) ## 1563. The provisions of Section 1401, in respect to entitling affidavits, are applicable to such proceedings. (Enacted 1872.)
  79. 1564.

    ## 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 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature [1562 - 1564] ( Chapter 5 enacted 1872. )

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    Courts and magistrates handling these proceedings may issue subpoenas for witnesses and may punish disobedience in the same way as in a criminal action.

    ## 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 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature [1562 - 1564] ( Chapter 5 enacted 1872. ) ## 1564. The Courts and magistrates before whom such proceedings are prosecuted may issue subpoenas for witnesses, and punish their disobedience in the same manner as in a criminal action. (Enacted 1872.)
  80. 1567.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 13. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE A COURT [1567- 1567.] ( Title 13 enacted 1872. )

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    A court may issue an order to bring an imprisoned person before a court, and the county sheriff must execute it. The order must be signed by a judge or magistrate and sealed if the court has a seal.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 13. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE A COURT [1567- 1567.] ( Title 13 enacted 1872. ) ## 1567. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made. The order shall be signed by the judge or magistrate and sealed with the seal of the court, if any. The order shall be to the following effect: County of ____ (as the case may be). The people of the State of California to the warden of ____ (or sheriff of ____, as the case may be): An order having been made this day by me, that A. B. be produced in this court as witness in the case of ____, you are commanded to deliver him or her into the custody of ____. Dated this ____ day of ____, 19__. (Amended by Stats. 1981, Ch. 714, Sec. 334.)
  81. 157.

    ## 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 caring for an infant must not replace or present another child to the parent or guardian with intent to deceive.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 7. Other Offenses Against Public Justice [142 - 181] ( Chapter 7 enacted 1872. ) ## 157. Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of that child, substitutes or produces to that parent or guardian another child in the place of the one so confided, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (Amended by Stats. 2011, Ch. 15, Sec. 266. (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.)
  82. 158.

    ## 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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    Common barratry means exciting groundless judicial proceedings and is punishable by up to six months in county jail and a fine of up to $1,000.

    ## 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. ) ## 158. Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding one thousand dollars ($1,000). (Amended by Stats. 1983, Ch. 1092, Sec. 246. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  83. 159.

    ## 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 conviction for common barratry requires proof of at least three suits or legal proceedings and a corrupt or malicious intent to vex and annoy.

    ## 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. ) ## 159. No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three instances, and with a corrupt or malicious intent to vex and annoy. (Enacted 1872.)
  84. 160.

    ## 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 bail licensee must not give or promise anything of value to an incarcerated person to get that person to solicit bail for the licensee.

    ## 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. ) ## 160. (a) No bail licensee may employ, engage, solicit, pay, or promise any payment, compensation, consideration or thing of value to any person incarcerated in any prison, jail, or other place of detention for the purpose of that person soliciting bail on behalf of the licensee. A violation of this section is a misdemeanor. (b) Nothing in this section shall prohibit prosecution under Section 1800 or 1814 of the Insurance Code, or any other applicable provision of law. (Added by Stats. 2004, Ch. 165, Sec. 1. Effective January 1, 2005.)
  85. 1600.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

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    Some committed persons may be placed on outpatient status under Title 15 procedures, including certain people committed to state hospitals or treatment facilities and persons committed as sexually violent predators.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1600. Any person committed to a state hospital or other treatment facility under the provisions of Section 1026, or Chapter 6 (commencing with Section 1367) of Title 10 of this code, or Section 6316 or 6321 of the Welfare and Institutions Code may be placed on outpatient status from that commitment subject to the procedures and provisions of this title, except that a developmentally disabled person may be placed on outpatient status from that commitment under the provisions of this title as modified by Section 1370.4. Any person committed as a sexually violent predator under the provisions of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code may be placed on outpatient status from that commitment in accordance with the procedures described in Title 15 (commencing with Section 1600) of Part 2 of the Penal Code. (Amended by Stats. 1996, Ch. 462, Sec. 1. Effective September 13, 1996.)
  86. 1600.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

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    Time spent on outpatient status usually does not count as actual custody or as credit toward commitment terms, except when the person is placed in a locked facility at the outpatient supervisor’s direction.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1600.5. For a person committed as a mentally disordered sex offender under former Section 6316 or 6316.2 of the Welfare and Institutions Code, or committed pursuant to Section 1026 or 1026.5, or committed pursuant to Section 2972, who is placed on outpatient status under the provisions of this title, time spent on outpatient status, except when placed in a locked facility at the direction of the outpatient supervisor, shall not count as actual custody and shall not be credited toward the person’s maximum term of commitment or toward the person’s term of extended commitment. Nothing in this section shall be construed to extend the maximum period of parole of a mentally disordered offender. (Amended by Stats. 2000, Ch. 324, Sec. 1. Effective January 1, 2001.)
  87. 16000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says the act recodifies former Title 2 on control of deadly weapons and may be cited as the Deadly Weapons Recodification Act of 2010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16000. This act recodifies the provisions of former Title 2 (commencing with Section 12000) of Part 4, which was entitled “Control of Deadly Weapons.” The act shall be known and may be cited as the “Deadly Weapons Recodification Act of 2010.” (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  88. 16005.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says the Deadly Weapons Recodification Act of 2010 does not change the substantive law on deadly weapons and should be read as purely nonsubstantive.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16005. Nothing in the Deadly Weapons Recodification Act of 2010 is intended to substantively change the law relating to deadly weapons. The act is intended to be entirely nonsubstantive in effect. Every provision of this part, of Title 2 (commencing with Section 12001) of Part 4, and every other provision of this act, including, without limitation, every cross-reference in every provision of the act, shall be interpreted consistent with the nonsubstantive intent of the act. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  89. 1601.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    This section limits when outpatient status is available for certain serious offenses, but lets a court grant it earlier for other misdemeanors and non-listed felonies.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1601. (a) When a person charged with and found incompetent on a charge of, convicted of, or found not guilty by reason of insanity of murder, mayhem, aggravated mayhem, a violation of Section 207, 209, or 209.5 in which the victim suffers intentionally inflicted great bodily injury, robbery or carjacking with a deadly or dangerous weapon or in which the victim suffers great bodily injury, a violation of subdivision (a) or (b) of Section 451, a violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, a violation of paragraph (1) or (4) of subdivision (a) of former Section 262, a violation of Section 459 in the first degree, a violation of Section 220 in which the victim suffers great bodily injury, a violation of Section 288, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755, or any felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, outpatient status under this title shall not be available until that person has actually been confined in a state hospital or other treatment facility for 180 days or more after having been committed under the provisions of law specified in Section 1600, unless the court finds a suitable placement, including, but not limited to, an outpatient placement program, that would provide the person with more appropriate mental health treatment and the court finds that the placement would not pose a danger to the health or safety of others, including, but not limited to, the safety of the victim and the victim’s family. (b) When a person charged with, and found incompetent on a charge of, or convicted of, any misdemeanor or any felony other than those described in subdivision (a), or found not guilty of any misdemeanor by reason of insanity, outpatient status under this title may be granted by the court prior to actual confinement in a state hospital or other treatment facility under the provisions of law specified in Section 1600. (Amended by Stats. 2021, Ch. 626, Sec. 56. (AB 1171) Effective January 1, 2022.)
  90. 16010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says certain substantially similar provisions are a continuation of earlier law, and later statutory references are read accordingly unless a contrary intent appears.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16010. (a) A provision of this part or of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment. (b) A reference in a statute to a previously existing provision that is restated and continued in this part or in Title 2 (commencing with Section 12001) of Part 4, or in any other provision of the Deadly Weapons Recodification Act of 2010, shall, unless a contrary intent appears, be deemed a reference to the restatement and continuation. (c) A reference in a statute to a provision of this part or of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which is substantially the same as a previously existing provision, shall, unless a contrary intent appears, be deemed to include a reference to the previously existing provision. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  91. 16015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A conviction under a provision that is restated and continued is treated as a prior conviction under the new restatement, unless a contrary intent appears.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16015. If a previously existing provision is restated and continued in this part, or in Title 2 (commencing with Section 12001) of Part 4, or in any other provision of the Deadly Weapons Recodification Act of 2010, a conviction under that previously existing provision shall, unless a contrary intent appears, be treated as a prior conviction under the restatement and continuation of that provision. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  92. 1602.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

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    Before outpatient status is ordered, the court must consider specified criteria, give notice, and hold a hearing. The community program director or independent placement panel must submit an evaluation and treatment plan within 15 days, or 30 days for an inpatient.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1602. (a) Before any person subject to the provisions of subdivision (b) of Section 1601 may be placed on outpatient status, the court shall consider all of the following criteria: (1) In the case of a person who is an inpatient, whether the medical director or designee of the state hospital or other treatment facility to which the person has been committed advises the committing court, defense counsel, and the prosecutor that the defendant would no longer be a danger to the health and safety of others, or to themselves, while under supervision and treatment in the community, and would benefit from such outpatient status. (2) In all cases, whether the community program director or a designee, or the independent placement panel, advises the court that the defendant will not be a danger to the health and safety of others, or to themselves, while on outpatient status, will benefit from such status, and identifies an appropriate program of supervision and treatment. (b) Prior to determining whether to place the person on outpatient status, the court shall provide actual notice to the prosecutor and defense counsel, and to the victim, and shall hold a hearing at which the court may specifically order outpatient status for the person. (c) The community program director or a designee, or the independent placement panel, shall prepare and submit the evaluation and the treatment plan specified in paragraph (2) of subdivision (a) to the court within 15 calendar days after notification by the court to do so, except that in the case of a person who is an inpatient, the evaluation and treatment plan shall be submitted within 30 calendar days after notification by the court to do so. (d) Any evaluations and recommendations pursuant to paragraphs (1) and (2) of subdivision (a) shall include review and consideration of complete, available information regarding the circumstances of the criminal offense and the person’s prior criminal history. (Amended by Stats. 2026, Ch. 27, Sec. 59. (SB 164) Effective June 29, 2026.)
  93. 16020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says prior judicial decisions can matter when interpreting certain Deadly Weapons Recodification Act provisions, but the Legislature is not endorsing or rejecting those decisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16020. (a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this part, of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which restates and continues that previously existing provision. (b) However, in enacting the Deadly Weapons Recodification Act of 2010, the Legislature has not evaluated the correctness of any judicial decision interpreting a provision affected by the act. (c) The Deadly Weapons Recodification Act of 2010 is not intended to, and does not, reflect any assessment of any judicial decision interpreting any provision affected by the act. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  94. 16025.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says judicial decisions on an older provision can matter when assessing the constitutionality of related recodified deadly-weapons provisions, but the Legislature did not itself evaluate constitutionality and the act does not express any constitutional judgment.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 1. GENERAL PROVISIONS [16000 - 16025] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16025. (a) A judicial decision determining the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this part, of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which restates and continues that previously existing provision. (b) However, in enacting the Deadly Weapons Recodification Act of 2010, the Legislature has not evaluated the constitutionality of any provision affected by the act, or the correctness of any judicial decision determining the constitutionality of any provision affected by the act. (c) The Deadly Weapons Recodification Act of 2010 is not intended to, and does not, reflect any determination of the constitutionality of any provision affected by the act. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  95. 1603.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    Before outpatient status can be granted, the court must review required criteria and then specifically approve the outpatient recommendation and plan.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1603. (a) Before any person subject to subdivision (a) of Section 1601 may be placed on outpatient status the court shall consider all of the following criteria: (1) Whether the medical director or designee of the state hospital or other treatment facility to which the person has been committed advises the committing court, defense counsel, and the prosecutor that the defendant would no longer be a danger to the health and safety of others, including themselves, while under supervision and treatment in the community, will benefit from that status, and identifies an appropriate program of supervision and treatment. (2) Whether the community program director or a designee, or pursuant to Section 4360.5 of the Welfare and Institutions Code, the independent placement panel, advises the committing court, defense counsel, and the prosecutor that the defendant would no longer be a danger to the health and safety of others, including themselves, while under supervision and treatment in the community, will benefit from that status, and identifies an appropriate program of supervision and treatment. (b) (1) Prior to release of a person under subdivision (a), the prosecutor shall provide notice of the hearing date and pending release to the victim or next of kin of the victim of the offense for which the person was committed where a request for the notice has been filed with the court, and after a hearing in court, the court shall specifically approve the recommendation and plan for outpatient status pursuant to Section 1604. The burden shall be on the victim or next of kin to the victim to keep the court apprised of the party’s current mailing address. (2) In any case in which the victim or next of kin to the victim has filed a request for notice with the director of the state hospital or other treatment facility, they shall be notified by the director at the inception of any program in which the committed person would be allowed any type of day release unattended by the staff of the facility. (c) The community program director, their designee, or the independent placement panel, shall prepare and submit the evaluation and the treatment plan specified in paragraph (2) of subdivision (a) to the court within 30 calendar days after notification by the court to do so. (d) Any evaluations and recommendations pursuant to paragraphs (1) and (2) of subdivision (a) shall include review and consideration of complete, available information regarding the circumstances of the criminal offense and the person’s prior criminal history. (Amended by Stats. 2026, Ch. 27, Sec. 60. (SB 164) Effective June 29, 2026.)
  96. 1604.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

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    The court and placement panel must move an outpatient-status recommendation through specified notice, report, hearing, and decision steps, and a defendant approved for outpatient status must follow the supervision and treatment plan.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1604. (a) Upon receipt by the committing court of the recommendation of the medical director or designee of the state hospital or other treatment facility to which the person has been committed that the person may be eligible for outpatient status as set forth in subdivision (a)(1) of Section 1602 or 1603, the court shall immediately forward such recommendation to the independent placement panel described in Section 4360.5 of the Welfare and Institutions Code, prosecutor, and defense counsel. Notwithstanding any law, the court shall provide copies of the arrest reports and the state summary criminal history information to the panel. The panel shall share the recommendation and copies of the arrest reports and the state summary criminal history information with the community program director or designee. (b) Within 30 calendar days the independent placement panel or designee shall submit to the court and to the medical director of the state hospital or other treatment facility, a recommendation regarding the defendant’s eligibility for outpatient status, as set forth in subdivision (a)(2) of Section 1602 or 1603 and the recommended plan for outpatient supervision and treatment. The plan shall set forth specific terms and conditions to be followed during outpatient status. The court shall provide copies of this report to the prosecutor and the defense counsel. (c) The court shall calendar the matter for hearing within 15 judicial days of the receipt of the report described in subdivision (b) and shall give notice of the hearing date to the prosecutor, defense counsel, the community program director, the independent placement panel, and the medical director of the state hospital or other facility. In any hearing conducted pursuant to this section, the court shall consider the circumstances and nature of the criminal offense leading to commitment and shall consider the person’s prior criminal history. (d) The court shall, after a hearing in court, either approve or disapprove the recommendation for outpatient status. If the approval of the court is given, the defendant shall be placed on outpatient status subject to the terms and conditions specified in the supervision and treatment plan. If the outpatient treatment occurs in a county other than the county of commitment, the court shall transmit a copy of the case record to the superior court in the county where outpatient treatment occurs, so that the record will be available if revocation proceedings are initiated pursuant to Section 1608 or 1609. (Amended by Stats. 2026, Ch. 27, Sec. 61. (SB 164) Effective June 29, 2026.)
  97. 1605.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

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    The State Department of State Hospitals must supervise outpatient-status persons, designate a community program director for each county or multi-county region, and give written notice of that designation; the director may delegate supervision, and the outpatient treatment supervisor must file status reports every 90 days.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1605. (a) In accordance with Section 1615 of this code and Section 5709.8 of the Welfare and Institutions Code, the State Department of State Hospitals shall be responsible for the supervision of persons placed on outpatient status under this title. The State Department of State Hospitals shall designate, for each county or region comprised of two or more counties, a community program director who shall be responsible for administering the community treatment programs for persons committed from that county or region under the provisions specified in Section 1600. (b) The State Department of State Hospitals shall notify in writing the superior court, the district attorney, the county public defender or public defense agency, and the county mental health director of each county as to the person designated to be the community program director for that county, and timely written notice shall be given whenever a new community program director is to be designated. (c) The community program director shall be the outpatient treatment supervisor of persons placed on outpatient status under this title. The community program director may delegate the outpatient treatment supervision responsibility to a designee. (d) The outpatient treatment supervisor shall, at 90-day intervals following the beginning of outpatient treatment, submit to the court, the prosecutor and defense counsel, and to the community program director, where appropriate, a report setting forth the status and progress of the defendant. (Amended by Stats. 2012, Ch. 24, Sec. 30. (AB 1470) Effective June 27, 2012.)
  98. 1606.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

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    Outpatient status may last no more than one year, and the court must hold a hearing afterward to decide whether to discharge the person, confine the person to a treatment facility, or renew outpatient status.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1606. Outpatient status shall be for a period not to exceed one year. At the end of the period of outpatient status approved by the court, the court shall, after actual notice to the prosecutor, the defense counsel, and the community program director, and after a hearing in court, either discharge the person from commitment under appropriate provisions of the law, order the person confined to a treatment facility, or renew its approval of outpatient status. Prior to such hearing, the community program director shall furnish a report and recommendation to the medical director of the state hospital, where appropriate, and to the court, which the court shall make available to the prosecutor and defense counsel. The person shall remain on outpatient status until the court renders its decision unless hospitalized under other provision of the law. The hearing pursuant to the provisions of this section shall be held no later than 30 days after the end of the one-year period of outpatient status unless good cause exists. The court shall transmit a copy of its order to the community program director or a designee. (Amended by Stats. 1985, Ch. 1232, Sec. 16. Effective September 30, 1985.)
  99. 1607.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    If the outpatient supervisor thinks the person has regained competence or is no longer within the listed mental-disorder statuses, the community program director must send that opinion to the state hospital medical director where appropriate and to the court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1607. If the outpatient supervisor is of the opinion that the person has regained competence to stand trial, or is no longer insane, is no longer a mentally disordered offender, or is no longer a mentally disordered sex offender, the community program director shall submit his or her opinion to the medical director of the state hospital, where appropriate, and to the court which shall calendar the case for further proceedings under the provisions of Section 1372, 1026.2, or 2972 of this code or Section 6325 of the Welfare and Institutions Code. (Amended by Stats. 2000, Ch. 324, Sec. 2. Effective January 1, 2001.)
  100. 1608.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    If the outpatient treatment supervisor thinks inpatient treatment is needed or outpatient treatment is refused, the community program director must ask the superior court to revoke outpatient status and notify the required parties; the court must hold a hearing within 15 judicial days and may order confinement if revocation is approved.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1608. If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person requires extended inpatient treatment or refuses to accept further outpatient treatment and supervision, the community program director shall notify the superior court in either the county which approved outpatient status or in the county where outpatient treatment is being provided of such opinion by means of a written request for revocation of outpatient status. The community program director shall furnish a copy of this request to the defense counsel and to the prosecutor in both counties if the request is made in the county of treatment rather than the county of commitment. Within 15 judicial days, the court where the request was filed shall hold a hearing and shall either approve or disapprove the request for revocation of outpatient status. If the court approves the request for revocation, the court shall order that the person be confined in a state hospital or other treatment facility approved by the community program director. The court shall transmit a copy of its order to the community program director or a designee. Where the county of treatment and the county of commitment differ and revocation occurs in the county of treatment, the court shall enter the name of the committing county and its case number on the order of revocation and shall send a copy of the order to the committing court and the prosecutor and defense counsel in the county of commitment. (Amended by Stats. 1985, Ch. 1232, Sec. 18. Effective September 30, 1985.)
  101. 1609.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    If the prosecutor thinks an outpatient or placed person is dangerous, the prosecutor may ask the court for a hearing. The court must then schedule the case within 15 judicial days and notify the person, the program director, and the person’s attorney.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1609. If at any time during the outpatient period or placement with a local mental health program pursuant to subdivision (b) of Section 1026.2 the prosecutor is of the opinion that the person is a danger to the health and safety of others while on that status, the prosecutor may petition the court for a hearing to determine whether the person shall be continued on that status. Upon receipt of the petition, the court shall calendar the case for further proceedings within 15 judicial days and the clerk shall notify the person, the community program director, and the attorney of record for the person of the hearing date. Upon failure of the person to appear as noticed, if a proper affidavit of service and advisement has been filed with the court, the court may issue a body attachment for such person. If, after a hearing in court conducted using the same standards used in conducting probation revocation hearings pursuant to Section 1203.2, the judge determines that the person is a danger to the health and safety of others, the court shall order that the person be confined in a state hospital or other treatment facility which has been approved by the community program director. (Amended by Stats. 1985, Ch. 1232, Sec. 19. Effective September 30, 1985.)
  102. 1610.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    This section lets a person subject to revocation be confined pending the court’s revocation decision if the listed danger and risk findings are made, and it sets court, director, officer, and facility duties for that confinement.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1610. (a) Upon the filing of a request for revocation under Section 1608 or 1609 and pending the court’s decision on revocation, the person subject to revocation may be confined in a facility designated by the community program director when it is the opinion of that director that the person will now be a danger to self or to another while on outpatient status and that to delay confinement until the revocation hearing would pose an imminent risk of harm to the person or to another. The facility so designated shall continue the patient’s program of treatment, shall provide adequate security so as to ensure both the safety of the person and the safety of others in the facility, and shall, to the extent possible, minimize interference with the person’s program of treatment. Upon the request of the community program director or a designee, a peace officer shall take, or cause to be taken, the person into custody and transport the person to a facility designated by the community program director for confinement under this section. Within one judicial day after the person is confined in a jail under this section, the community program director shall apply in writing to the court for authorization to confine the person pending the hearing under Section 1608 or Section 1609 or subdivision (c). The application shall be in the form of a declaration, and shall specify the behavior or other reason justifying the confinement of the person in a jail. Upon receipt of the application for confinement, the court shall consider and rule upon it, and if the court authorizes detention in a jail, the court shall actually serve copies of all orders and all documents filed by the community program director upon the prosecuting and defense counsel. The community program director shall notify the court in writing of the confinement of the person and of the factual basis for the opinion that the immediate confinement in a jail was necessary. The court shall supply a copy of these documents to the prosecutor and defense counsel. (b) The facility designated by the community program director may be a state hospital, a local treatment facility, a county jail, or any other appropriate facility, so long as the facility can continue the person’s program of treatment, provide adequate security, and minimize interference with the person’s program of treatment. If the facility designated by the community program director is a county jail, the patient shall be separated from the general population of the jail. In the case of a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, who is held pending civil process under the sexually violent predator laws, the person may be housed as provided by Section 4002. The designated facility need not be approved for 72-hour treatment and evaluation pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code); however, a county jail may not be designated unless the services specified above are provided, and accommodations are provided which ensure both the safety of the person and the safety of the general population of the jail. Within three judicial days of the patient’s confinement in a jail, the community program director shall report to the court regarding what type of treatment the patient is receiving in the facility. If there is evidence that the treatment program is not being complied with, or accommodations have not been provided which ensure both the safety of the committed person and the safety of the general population of the jail, the court shall order the person transferred to an appropriate facility, including an appropriate state hospital. Nothing in this subdivision shall be construed as authorizing jail facilities to operate as health facilities, as defined in Section 1250 of the Health and Safety Code, without complying with applicable requirements of law. (c) A person confined under this section shall have the right to judicial review of his or her confinement in a jail under this section in a manner similar to that which is prescribed in Article 5 (commencing with Section 5275) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code and to an explanation of rights in the manner prescribed in Section 5325 of the Welfare and Institutions Code. Nothing in this section shall prevent hospitalization pursuant to the provisions of Section 5150, 5250, 5350, or 5353 of the Welfare and Institutions Code. (d) A person whose confinement in a treatment facility under Section 1608 or 1609 is approved by the court shall not be released again to outpatient status unless court approval is obtained under Section 1602 or 1603. (Amended by Stats. 2001, Ch. 248, Sec. 1. Effective January 1, 2002.)
  103. 16100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The term “.50 BMG cartridge” is governed by Section 30525.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16100. Use of the term “.50 BMG cartridge” is governed by Section 30525. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  104. 1611.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    A person on outpatient status may not leave California without prior written approval from the committing court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1611. (a) No person who is on outpatient status pursuant to this title or Section 2972 shall leave this state without first obtaining prior written approval to do so from the committing court. The prior written approval of the court for the person to leave this state shall specify when the person may leave, when the person is required to return, and may specify other conditions or limitations at the discretion of the court. The written approval for the person to leave this state may be in a form and format chosen by the committing court. In no event shall the court give written approval for the person to leave this state without providing notice to the prosecutor, the defense counsel, and the community program director. The court may conduct a hearing on the question of whether the person should be allowed to leave this state and what conditions or limitations, if any, should be imposed. (b) Any person who violates subdivision (a) is guilty of a misdemeanor. (Added by Stats. 1988, Ch. 74, Sec. 2.)
  105. 16110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The term “.50 BMG rifle” is governed by Section 30530.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16110. Use of the term “.50 BMG rifle” is governed by Section 30530. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  106. 1612.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    A person committed to a listed state hospital or treatment facility cannot be released unless this title or Section 1026.2 expressly allows it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1612. Any person committed to a state hospital or other treatment facility under the provisions of Section 1026, or Chapter 6 (commencing with Section 1367) of Title 10 of this code, or former Section 6316 or 6321 of the Welfare and Institutions Code shall not be released therefrom except as expressly provided in this title or Section 1026.2. (Amended by Stats. 1984, Ch. 1488, Sec. 13.)
  107. 16120.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “abuse” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16120. As used in this part, “abuse” means any of the following: (a) Intentionally or recklessly to cause or attempt to cause bodily injury. (b) Sexual assault. (c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another. (d) To molest, attack, strike, stalk, destroy personal property, or violate the terms of a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  108. 16130.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “agent” for Section 26915 as an employee of the licensee.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16130. As used in Section 26915, “agent” means an employee of the licensee. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  109. 1614.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    People ordered to outpatient treatment under the specified former provisions are treated as being on outpatient status under this title starting January 1, 1981, and this title applies to them.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1614. Persons ordered to undergo outpatient treatment under former Sections 1026.1 and 1374 of the Penal Code and subdivision (a) of Section 6325.1 of the Welfare and Institutions Code shall, on January 1, 1981, be considered as being on outpatient status under this title and this title shall apply to such persons. (Added by Stats. 1980, Ch. 547, Sec. 17.)
  110. 16140.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “air gauge knife” as a device that looks like an air gauge but contains a concealed pointed metal shaft designed for stabbing.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16140. As used in this part, “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  111. 1615.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    The State Department of State Hospitals is responsible for community treatment and supervision of judicially committed patients, and may provide those services directly or by contract.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1615. Pursuant to Section 5709.8 of the Welfare and Institutions Code, the State Department of State Hospitals shall be responsible for the community treatment and supervision of judicially committed patients. These services shall be available on a county or regional basis. The department may provide these services directly or through contract with private providers or counties. The program or programs through which these services are provided shall be known as the Forensic Conditional Release Program. The department shall contact all county mental health programs by January 1, 1986, to determine their interest in providing an appropriate level of supervision and treatment of judicially committed patients at reasonable cost. County mental health agencies may agree or refuse to operate such a program. The State Department of State Hospitals shall ensure consistent data gathering and program standards for use statewide by the Forensic Conditional Release Program. (Amended by Stats. 2012, Ch. 24, Sec. 31. (AB 1470) Effective June 27, 2012.)
  112. 16150.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “ammunition” for this part of the Penal Code and gives a broader definition for certain sections; blanks are excluded.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16150. (a) As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, “ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks. (b) As used in subdivision (a) of Section 30305 and in Section 30306, “ammunition” includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. “Ammunition” does not include blanks. (c) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 780, Sec. 3. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  113. 16151.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “ammunition vendor” and says certain licensed firearms dealers are automatically treated as licensed ammunition vendors if they comply with specified requirements starting January 1, 2018.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16151. (a) As used in this part, commencing January 1, 2018, “ammunition vendor” means any person, firm, corporation, or other business enterprise that holds a current ammunition vendor license issued pursuant to Section 30385. (b) Commencing January 1, 2018, a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, shall automatically be deemed a licensed ammunition vendor, provided the dealer complies with the requirements of Articles 2 (commencing with Section 30300) and 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4. (Added November 8, 2016, by initiative Proposition 63, Sec. 8.2.)
  114. 1616.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    The state must contract with a research agency to study severe mental disorder among prison inmates and parolees.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1616. The state shall contract with a research agency which shall determine the prevalence of severe mental disorder among the state prison inmates and parolees, including persons admitted to prison, the resident population, and those discharged to parole. An evaluation of the array of services shall be performed, including the correctional, state hospital, and local inpatient programs; residential-level care and partial day care within the institutions as well as in the community; and the individual and group treatment which may be provided within the correctional setting and in the community upon release. The review shall include the interrelationship between the security and clinical staff, as well as the architectural design which aids meeting the treatment needs of these mentally ill offenders while maintaining a secure setting. Administration of these programs within the institutions and in the community shall be reviewed by the contracting agency. The ability of treatment programs to prevent reoffenses by inmates with severe mental disorders shall also be addressed. The process for evaluating inmates and parolees to determine their need for treatment and the ability to differentiate those who will benefit from treatment and those who will not shall be reviewed. The State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Justice shall cooperate with the research agency conducting this study. The research agency conducting this study shall consult with the State Department of State Hospitals, the Department of Corrections and Rehabilitation, the Department of Justice, and the Forensic Mental Health Association of California in the design of the study. (Amended by Stats. 2012, Ch. 24, Sec. 32. (AB 1470) Effective June 27, 2012.)
  115. 16160.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “antique cannon” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16160. As used in this part, “antique cannon” means any cannon manufactured before January 1, 1899, which has been rendered incapable of firing or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  116. 1617.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    The State Department of State Hospitals must research demographic and related information for people in the Forensic Conditional Release Program, and the program’s effectiveness must be evaluated.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1617. The State Department of State Hospitals shall research the demographic profiles and other related information pertaining to persons receiving supervision and treatment in the Forensic Conditional Release Program. An evaluation of the program shall determine its effectiveness in successfully reintegrating these persons into society after release from state institutions. This evaluation of program effectiveness shall include, but not be limited to, a determination of the rates of reoffense while these persons are served by the program and after their discharge. This evaluation shall also address the effectiveness of the various treatment components of the program and their intensity. The State Department of State Hospitals may contract with an independent research agency to perform this research and evaluation project. Any independent research agency conducting this research shall consult with the Forensic Mental Health Association concerning the development of the research and evaluation design. (Amended by Stats. 2012, Ch. 24, Sec. 33. (AB 1470) Effective June 27, 2012.)
  117. 16170.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “antique firearm” for several California Penal Code sections.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16170. (a) As used in Sections 30515 and 30530, “antique firearm” means any firearm manufactured before January 1, 1899. (b) As used in Section 16520, Section 16650, subdivision (a) of Section 23630, paragraph (1) of subdivision (b) of Section 27505, and subdivision (a) of Section 31615, “antique firearm” has the same meaning as in Section 921(a)(16) of Title 18 of the United States Code. (c) As used in Sections 16531 and 17700, “antique firearm” means either of the following: (1) Any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before the year 1898. This type of firearm includes any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898. (2) Any firearm using fixed ammunition manufactured in or before the year 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (Amended by Stats. 2019, Ch. 730, Sec. 1. (AB 879) Effective January 1, 2020.)
  118. 1618.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    Certain Forensic Conditional Release Program staff are not liable, criminally or civilly, for criminal acts committed by supervised parolees or people under judicial commitment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1618. The administrators and the supervision and treatment staff of the Forensic Conditional Release Program shall not be held criminally or civilly liable for any criminal acts committed by the persons on parole or judicial commitment status who receive supervision or treatment. This waiver of liability shall apply to employees of the State Department of State Hospitals, the Board of Parole Hearings, and the agencies or persons under contract to those agencies, who provide screening, clinical evaluation, supervision, or treatment to mentally ill parolees or persons under judicial commitment or considered for placement under a hold by the Board of Parole Hearings. (Amended by Stats. 2012, Ch. 24, Sec. 34. (AB 1470) Effective June 27, 2012.)
  119. 16180.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “antique rifle” as a firearm that meets the federal “antique firearm” definition referenced in the text.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16180. As used in this part, “antique rifle” means a firearm conforming to the definition of an “antique firearm” in Section 479.11 of Title 27 of the Code of Federal Regulations. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  120. 1619.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    The Department of Justice must automate the criminal histories of specified groups of people in certain treatment or commitment programs.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1619. The Department of Justice shall automate the criminal histories of all persons treated in the Forensic Conditional Release Program, as well as all persons committed as not guilty by reason of insanity pursuant to Section 1026, incompetent to stand trial pursuant to Section 1370 or 1370.2, any person currently under commitment as a mentally disordered sex offender, and persons treated pursuant to Section 1364 or 2684 or Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3. (Amended by Stats. 1988, Ch. 37, Sec. 4.)
  121. 16190.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “application to purchase” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16190. As used in this part, “application to purchase” means either of the following: (a) The initial completion of the register by the purchaser, transferee, or person being loaned a firearm, as required by Section 28210. (b) The initial completion and transmission to the Department of Justice of the record of electronic or telephonic transfer by the dealer on the purchaser, transferee, or person being loaned a firearm, as required by Section 28215. (Amended by Stats. 2014, Ch. 103, Sec. 3. (AB 1798) Effective January 1, 2015.)
  122. 1620.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. )

    Verify source ↗

    The Department of Justice must give certain mental health agencies access to criminal histories of specified offenders, and staff who access those histories must keep them confidential and sign a DOJ statement about that duty.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND DEVELOPMENTALLY DISABLED OFFENDERS [1600 - 1620] ( Title 15 added by Stats. 1980, Ch. 547, Sec. 17. ) ## 1620. The Department of Justice shall provide mental health agencies providing treatment to patients pursuant to Sections 1600 to 1610, inclusive, or pursuant to Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3, with access to criminal histories of those mentally ill offenders who are receiving treatment and supervision. Treatment and supervision staff who have access to these criminal histories shall maintain the confidentiality of the information and shall sign a statement to be developed by the Department of Justice which informs them of this obligation. (Amended by Stats. 1987, Ch. 687, Sec. 6.)
  123. 16200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The term “assault weapon” is governed by Sections 30510 and 30515.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16200. Use of the term “assault weapon” is governed by Sections 30510 and 30515. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  124. 16220.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “ballistic knife” and excludes certain arrow- or bolt-propelling devices.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16220. As used in this part, “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device that propels an arrow or a bolt by means of any common bow, compound bow, crossbow, or underwater speargun. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  125. 16230.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “ballistics identification system” to include automated image analysis systems that can store firearm ballistic markings and trace them to the firearm that produced them.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16230. As used in this part, “ballistics identification system” includes, but is not limited to, any automated image analysis system that is capable of storing firearm ballistic markings and tracing those markings to the firearm that produced them. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  126. 16240.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “basic firearms safety certificate” as a certificate issued before January 1, 2003, by the Department of Justice under a former article of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16240. As used in this part, “basic firearms safety certificate” means a certificate issued before January 1, 2003, by the Department of Justice pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article read at any time from when it became operative on January 1, 1992, to when it was repealed on January 1, 2003. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  127. 16250.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “BB device” and says the section becomes operative on January 1, 2016.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16250. (a) As used in this part, “BB device” means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. (b) This section shall be operative on January 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2014, Ch. 915, Sec. 2. (SB 199) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  128. 16260.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “belt buckle knife” as a knife built into a belt buckle with a blade at least two and one-half inches long.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16260. As used in this part, “belt buckle knife” is a knife that is made an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  129. 16270.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “blowgun” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16270. As used in this part, “blowgun” means a hollow tube designed and intended to be used as a tube through which a dart is propelled by the force of the breath of the user. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  130. 16280.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “blowgun ammunition” as a dart designed and intended for use in a blowgun.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16280. As used in this part, “blowgun ammunition” means a dart designed and intended for use in a blowgun. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  131. 16288.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “body armor” for Section 31360 as bullet-resistant material meant to protect the wearer from ballistic and trauma injury.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16288. As used in Section 31360, “body armor” means any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  132. 16290.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “body vest” and “body shield” as bullet-resistant material intended to protect the wearer or holder from ballistic and trauma injury.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16290. As used in this part, “body vest” or “body shield” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer or holder. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  133. 16300.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “bona fide evidence of identity” and “bona fide evidence of majority and identity” as certain government-issued identification documents.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16300. As used in this part, “bona fide evidence of identity” or “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  134. 16310.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “boobytrap” as a concealed or camouflaged device designed to cause great bodily injury when triggered by an unsuspecting person.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16310. As used in this part, “boobytrap” means any concealed or camouflaged device designed to cause great bodily injury when triggered by an action of any unsuspecting person coming across the device. Boobytraps may include, but are not limited to, guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wire with hooks attached. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  135. 16320.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “camouflaging firearm container” and excludes certain camouflage coverings used for lawful hunting.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16320. (a) As used in this part, “camouflaging firearm container” means a container that meets all of the following criteria: (1) It is designed and intended to enclose a firearm. (2) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (3) It is not readily recognizable as containing a firearm. (b) “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  136. 16330.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “cane gun” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16330. As used in this part, “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  137. 16340.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “cane sword” as a cane-like or similar device with a concealed blade that can be used as a sword or stiletto.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16340. As used in this part, “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword or stiletto. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  138. 16350.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “capacity to accept more than 10 rounds” as being able to hold more than 10 rounds, but excludes a feeding device permanently altered so it cannot hold more than 10 rounds.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16350. As used in Section 30515, “capacity to accept more than 10 rounds” means capable of accommodating more than 10 rounds. The term does not apply to a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  139. 16360.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “CCW” to mean “carry concealed weapons” for purposes of this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16360. As used in this part, “CCW” means “carry concealed weapons.” (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  140. 16370.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “certified instructor” or “DOJ Certified Instructor” for Sections 31610 to 31700 as a person designated as a handgun safety instructor by the Department of Justice.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16370. As used in Sections 31610 to 31700, inclusive, “certified instructor” or “DOJ Certified Instructor” means a person designated as a handgun safety instructor by the Department of Justice pursuant to subdivision (a) of Section 31635. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  141. 16380.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “chamber load indicator” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16380. As used in this part, “chamber load indicator” means a device that plainly indicates that a cartridge is in the firing chamber. A device satisfies this definition if it is readily visible, has incorporated or adjacent explanatory text or graphics, or both, and is designed and intended to indicate to a reasonably foreseeable adult user of the pistol, without requiring the user to refer to a user’s manual or any other resource other than the pistol itself, whether a cartridge is in the firing chamber. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  142. 16400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “clear evidence of the person’s identity and age” to mean either a valid California driver’s license or a valid California identification card issued by the Department of Motor Vehicles.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16400. As used in this part, “clear evidence of the person’s identity and age” means either of the following: (a) A valid California driver’s license. (b) A valid California identification card issued by the Department of Motor Vehicles. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  143. 16405.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “composite knuckles” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16405. As used in this part, “composite knuckles” means any device or instrument made wholly or partially of composite materials, other than a medically prescribed prosthetic, that is not metal knuckles, that is worn for purposes of offense or defense in or on the hand, and that either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  144. 16410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “consultant-evaluator” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16410. As used in this part, “consultant-evaluator” means a consultant or evaluator who, in the course of that person’s profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  145. 16420.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The term “dagger” is governed by Section 16470.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16420. Use of the term “dagger” is governed by Section 16470. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  146. 16430.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “deadly weapon” for Division 4 as any weapon whose possession or concealed carrying is prohibited by a provision listed in Section 16590.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16430. As used in Division 4 (commencing with Section 18250) of Title 2, “deadly weapon” means any weapon, the possession or concealed carrying of which is prohibited by any provision listed in Section 16590. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  147. 16440.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The term “dealer” is governed by Section 26700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16440. Use of the term “dealer” is governed by Section 26700. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  148. 16450.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    In the listed sections, “department” means the Department of Justice.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16450. As used in Sections 31610 to 31700, inclusive, in Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, and in Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4, “department” means the Department of Justice. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  149. 16460.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “destructive device” for use in specified Penal Code provisions and lists several included weapons and device types, along with exclusions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16460. (a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “destructive device” includes any of the following weapons: (1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns. (2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor. (3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a “destructive device” found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon. (4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes. (5) Any breakable container that contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination. (6) Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction. (b) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a). (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  150. 16470.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “dirk” or “dagger” and says certain folding knives or pocketknives count only when the blade is exposed and locked into position.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16470. As used in this part, “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  151. 16480.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The term “DOJ Certified Instructor” is governed by Section 16370.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16480. Use of the term “DOJ Certified Instructor” is governed by Section 16370. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  152. 16490.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “domestic violence” for this part as abuse against certain listed persons, including spouses, cohabitants, dating or engaged partners, certain parents of a shared child, certain children, and other relatives within the second degree.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16490. As used in this part, “domestic violence” means abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined in Section 6209 of the Family Code. (c) A person with whom the respondent is having or has had a dating or engagement relationship. (d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code). (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected. (f) Any other person related by consanguinity or affinity within the second degree. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  153. 165.

    ## 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 ↗

    Bribing or receiving a bribe by certain local government members is punishable by prison and loss of office and civic rights.

    ## 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. ) ## 165. Every person who gives or offers a bribe to any member of any common council, board of supervisors, or board of trustees of any county, city and county, city, or public corporation, with intent to corruptly influence such member in his action on any matter or subject pending before, or which is afterward to be considered by, the body of which he is a member, and every member of any of the bodies mentioned in this section who receives, or offers or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter, upon which he may be required to act in his official capacity, is punishable by imprisonment in the state prison for two, three or four years, and upon conviction thereof shall, in addition to said punishment, forfeit his office, and forever be disfranchised and disqualified from holding any public office or trust. (Amended by Stats. 1976, Ch. 1139.)
  154. 16500.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The phrase “drop safety requirement for handguns” is governed by Section 31900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16500. Use of the phrase “drop safety requirement for handguns” is governed by Section 31900. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  155. 16505.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearm is “encased” if it is inside a firearm case and the case is completely fastened with no part of the firearm exposed.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16505. For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is “encased” when that firearm is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of that firearm exposed. (Added by Stats. 2012, Ch. 700, Sec. 4. (AB 1527) Effective January 1, 2013.)
  156. 16510.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “explosive” for certain Penal Code provisions and says the State Fire Marshal may adopt regulations to classify and designate some explosive materials or devices.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16510. As used in subdivision (a) of Section 16460 and Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “explosive” means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion, and which is capable of a relatively instantaneous or rapid release of gas and heat, or any substance, the primary purpose of which, when combined with others, is to form a substance capable of a relatively instantaneous or rapid release of gas and heat. “Explosive” includes, but is not limited to, any explosive as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations, and any of the following: (a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps, or commercial boosters. (b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6 explosives as classified by the United States Department of Transportation. (c) Nitro carbo nitrate substances (blasting agent) classified as division 1.5 explosives by the United States Department of Transportation. (d) Any material designated as an explosive by the State Fire Marshal. The designation shall be made pursuant to the classification standards established by the United States Department of Transportation. The State Fire Marshal shall adopt regulations in accordance with the Government Code to establish procedures for the classification and designation of explosive materials or explosive devices that are not under the jurisdiction of the United States Department of Transportation pursuant to provisions of Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations that define explosives. (e) Certain division 1.4 explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal. (f) As used in Section 16460 and Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “explosive” does not include any destructive device, nor does it include ammunition or small arms primers manufactured for use in shotguns, rifles, and pistols. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  157. 16515.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “Federal licensee authorized to serialize firearms” as a person or entity with a valid federal firearms license that lets it imprint serial numbers on firearms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16515. “Federal licensee authorized to serialize firearms” means a person, firm, corporation, or other entity that holds any valid federal firearms license that authorizes the person, firm, corporation, or other entity to imprint serial numbers onto firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto. (Added by Stats. 2022, Ch. 76, Sec. 3. (AB 1621) Effective June 30, 2022.)
  158. 16517.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    “Federally licensed manufacturer or importer” means a person or entity that holds a valid federal license to manufacture or import firearms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16517. “Federally licensed manufacturer or importer” means a person, firm, corporation, or other entity that holds a valid license to manufacture or import firearms issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto. (Added by Stats. 2022, Ch. 76, Sec. 4. (AB 1621) Effective June 30, 2022.)
  159. 16519.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “federally regulated firearm precursor part.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16519. “Federally regulated firearm precursor part” means any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto, and, if required, has been imprinted with a serial number by a federal licensee authorized to serialize firearms in compliance with all applicable federal laws and regulations. (Added by Stats. 2022, Ch. 76, Sec. 5. (AB 1621) Effective June 30, 2022.)
  160. 16520.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “firearm” for this part and for several listed provisions, including some expansions and exclusions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16520. (a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. (b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part: (1) Section 136.2. (2) Section 646.91. (3) Sections 16515 and 16517. (4) Section 16550. (5) Section 16730. (6) Section 16960. (7) Section 16990. (8) Section 17070. (9) Section 17310. (10) Sections 18100 to 18500, inclusive. (11) Section 23690. (12) Sections 23900 to 23925, inclusive. (13) Commencing on July 1, 2026, Sections 25250 to 25275, inclusive. (14) Sections 26500 to 26590, inclusive. (15) Sections 26600 to 27140, inclusive. (16) Sections 27200 to 28490, inclusive. (17) Sections 29010 to 29150, inclusive. (18) Section 29185. (19) Sections 29610 to 29750, inclusive. (20) Sections 29800 to 29905, inclusive. (21) Sections 30150 to 30165, inclusive. (22) Section 31615. (23) Sections 31700 to 31830, inclusive. (24) Sections 34355 to 34370, inclusive. (25) Sections 527.6 to 527.9, inclusive, of the Code of Civil Procedure. (26) Sections 8100 to 8108, inclusive, of the Welfare and Institutions Code. (27) Section 15657.03 of the Welfare and Institutions Code. (c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: (1) Section 16750. (2) Subdivision (b) of Section 16840. (3) Section 25400. (4) Sections 25850 to 26025, inclusive. (5) Subdivisions (a), (b), and (c) of Section 26030. (6) Sections 26035 to 26055, inclusive. (d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: (1) Section 16730. (2) Section 16550. (3) Section 16960. (4) Section 17310. (5) Subdivision (b) of Section 23920. (6) Section 25135. (7) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. (8) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. (9) Sections 26500 to 26588, inclusive. (10) Sections 26700 to 26915, inclusive. (11) Section 27510. (12) Section 27530. (13) Section 27540. (14) Section 27545. (15) Sections 27555 to 27585, inclusive. (16) Sections 29010 to 29150, inclusive. (17) Section 29180. (e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. (f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. (g) As used in Sections 29180 to 29184, inclusive, “firearm” includes the completed frame or receiver of a weapon. (Amended by Stats. 2023, Ch. 239, Sec. 1. (AB 725) Effective January 1, 2024.)
  161. 16525.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “firearm barrel” for Section 33700 and says a barrel attached or affixed to a firearm is not subject to Section 33700’s requirements.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16525. (a) As used in Section 33700, “firearm barrel” means the tube, usually metal and cylindrical, through which a projectile or shot charge is fired. A firearm barrel includes any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as a firearm barrel, or that is marketed or sold to the public to become or be used as a firearm barrel once completed, assembled, or converted. A firearm barrel may have a rifled or smooth bore. (b) A firearm barrel that is attached or affixed to a firearm is not subject to the requirements of Section 33700. (Added by Stats. 2025, Ch. 591, Sec. 1. (SB 704) Effective January 1, 2026.)
  162. 16530.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines certain concealed-firearm terms to include weapons with barrels under 16 inches, and also some devices with 16-inch-or-longer barrels that can be interchanged with a shorter barrel.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16530. (a) As used in this part, the terms “firearm capable of being concealed upon the person,” “pistol,” and “revolver” apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length. (b) Nothing shall prevent a device defined as a “firearm capable of being concealed upon the person,” “pistol,” or “revolver” from also being found to be a short-barreled rifle or a short-barreled shotgun. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  163. 16531.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “firearm precursor part” and requires the Department of Justice to provide written guidance and pictorial diagrams showing examples.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16531. (a) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted. (b) The Department of Justice, consistent with this section, shall provide written guidance and pictorial diagrams demonstrating examples of firearm precursor parts. (c) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170, are not firearm precursor parts. (Amended by Stats. 2022, Ch. 76, Sec. 7. (AB 1621) Effective June 30, 2022.)
  164. 16535.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “firearm safety certificate” and says the section becomes operative on January 1, 2015.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16535. (a) As used in this part, “firearm safety certificate” means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. (b) This section shall become operative on January 1, 2015. (Added by Stats. 2013, Ch. 761, Sec. 1. (SB 683) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  165. 16540.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “firearm safety device” for this part as a locking device, other than a gun safe, designed to prevent children and unauthorized users from firing a firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16540. As used in this part, “firearm safety device” means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm. (Amended by Stats. 2014, Ch. 103, Sec. 4. (AB 1798) Effective January 1, 2015.)
  166. 16550.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “firearm transaction record” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16550. As used in this part, “firearm transaction record” is a record containing the same information referred to in subdivision (a) of Section 478.124, Section 478.124a, and subdivision (e) of Section 478.125 of Title 27 of the Code of Federal Regulations. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  167. 16560.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The phrase “firing requirement for handguns” is governed by Section 31905.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16560. Use of the phrase “firing requirement for handguns” is governed by Section 31905. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  168. 16570.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “flechette dart” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16570. As used in this part, “flechette dart” means a dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  169. 16575.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says certain listed provisions are continuations of earlier firearm-licensing provisions and may be called “former Article 4 of Chapter 1 provisions,” with an exclusion for some later-codified provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16575. (a) Except as stated in subdivision (c), the following provisions are continuations of provisions that were included in former Article 4 (commencing with Section 12070) of Chapter 1 of Title 2 of Part 4, entitled “Licenses to Sell Firearms,” when that article was repealed by the Deadly Weapons Recodification Act of 2010: (1) Section 16130. (2) Subdivision (b) of Section 16170, to the extent that it continues former Sections 12078 and 12085, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010. (3) Section 16230. (4) Section 16400. (5) Section 16450, to the extent that it continues subdivision (a) of former Section 12086, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010. (6) Subdivisions (b) and (d) of Section 16520, to the extent that they continue subdivision (e) of former Section 12085, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010. (7) Subdivision (g) of Section 16520. (8) Section 16550. (9) Section 16620. (10) Section 16720. (11) Section 16730. (12) Section 16740, to the extent that it continues subdivision (b) of former Section 12079, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010. (13) Section 16800. (14) Section 16810. (15) Section 16960. (16) Section 16990. (17) Section 17110. (18) Section 17310. (19) Sections 26500 to 26588, inclusive. (20) Sections 26600 to 29150, inclusive. (21) Chapter 2 (commencing with Section 29500) of Division 8 of Title 4. (22) Section 30105. (23) Sections 30150 to 30165, inclusive. (24) Sections 31705 to 31830, inclusive. (25) Section 32315. (26) Section 34205. (27) Sections 34350 to 34370, inclusive. (b) Except as stated in subdivision (c), the provisions listed in subdivision (a) may be referred to as “former Article 4 of Chapter 1 provisions.” (c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  170. 16580.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says a listed set of Penal Code provisions continue from the former firearms chapter and may be called “former Chapter 1 provisions,” with an exception for provisions first codified later.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16580. (a) Except as stated in subdivision (c), the following provisions are continuations of provisions that were included in former Chapter 1 (commencing with Section 12000) of Title 2 of Part 4, entitled “Firearms,” when that chapter was repealed by the Deadly Weapons Recodification Act of 2010: (1) Sections 12001 to 12022.95, inclusive. (2) Sections 16120 to 16140, inclusive. (3) Subdivision (b) of Section 16170, to the extent it continues former Sections 12001, 12060, 12078, 12085, and 12088.8, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010. (4) Subdivision (c) of Section 16170. (5) Section 16190. (6) Sections 16220 to 16240, inclusive. (7) Section 16250, to the extent it continues former Section 12001, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (8) Section 16260. (9) Sections 16320 to 16340, inclusive. (10) Section 16360. (11) Sections 16400 to 16410, inclusive. (12) Section 16430. (13) Section 16450, to the extent it continues former Sections 12060 and 12086, as those sections read when they were repealed by the Deadly Weapons Recodification Act of 2010. (14) Subdivision (b) of Section 16460. (15) Section 16470. (16) Section 16490. (17) Subdivision (a) of Section 16520, to the extent it continues former Section 12001, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (18) Subdivisions (b) to (g), inclusive, of Section 16520. (19) Sections 16530 to 16550, inclusive. (20) Section 16570. (21) Sections 16600 to 16640, inclusive. (22) Section 16650, to the extent it continues former Section 12060, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (23) Section 16662, to the extent it continues former Section 12060, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (24) Sections 16670 to 16690, inclusive. (25) Sections 16720 to 16760, inclusive. (26) Sections 16800 and 16810. (27) Sections 16830 to 16870, inclusive. (28) Sections 16920 to 16960, inclusive. (29) Sections 16990 and 17000. (30) Sections 17020 to 17070, inclusive. (31) Section 17090, to the extent it continues former Section 12020, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (32) Section 17110. (33) Section 17125. (34) Section 17160. (35) Sections 17170 to 17200, inclusive. (36) Sections 17270 to 17290, inclusive. (37) Sections 17310 and 17315. (38) Sections 17330 to 17505, inclusive. (39) Sections 17515 to 18500, inclusive. (40) Sections 19100 to 19290, inclusive. (41) Sections 20200 to 21390, inclusive. (42) Sections 21790 to 22490, inclusive. (43) Sections 23500 to 30290, inclusive. (44) Sections 30345 to 30365, inclusive. (45) Sections 31500 to 31590, inclusive. (46) Sections 31705 to 31830, inclusive. (47) Sections 32310 to 32450, inclusive. (48) Sections 32900 to 33320, inclusive. (49) Sections 33600 to 34370, inclusive. (b) Except as stated in subdivision (c), the provisions listed in subdivision (a) may be referred to as “former Chapter 1 provisions.” (c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  171. 16585.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section says which listed provisions continue from former Section 12078, and that they may be called “former Section 12078 provisions.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16585. (a) Except as stated in subdivision (d), the following provisions are continuations of provisions that were included in former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010: (1) Subdivision (b) of Section 16170, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (2) Section 16720. (3) Subdivision (a) of Section 16730, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (4) Subdivision (b) of Section 16730. (5) Section 16990. (6) Sections 26600 to 26615, inclusive. (7) Sections 26950 to 27140, inclusive. (8) Sections 27400 to 27415, inclusive. (9) Subdivision (b) of Section 27505, as it pertains to former Section 12078, as that section read when it was repealed by the Deadly Weapons Recodification Act of 2010. (10) Sections 27600 to 28000, inclusive. (11) Sections 28400 to 28415, inclusive. (12) Sections 30150 to 30165, inclusive. (13) Sections 31705 to 31830, inclusive. (14) Sections 34355 to 34370, inclusive. (b) Except as stated in subdivision (d), the provisions listed in subdivision (a) may be referred to as “former Section 12078 provisions.” (c) Except as stated in subdivision (d), the following provisions are continuations of provisions that were included in subdivision (a) of former Section 12078, as that subdivision read when it was repealed by the Deadly Weapons Recodification Act of 2010: (1) Sections 26600 to 26615, inclusive. (2) Section 26950. (3) Sections 27050 to 27065, inclusive. (4) Sections 27400 to 27415, inclusive. (5) Sections 27600 to 27615, inclusive. (6) Section 27650. (7) Sections 27850 to 27860, inclusive. (8) Sections 28400 to 28415, inclusive. (9) Sections 30150 to 30165, inclusive. (10) Sections 31705 to 31735, inclusive. (11) Sections 34355 to 34370, inclusive. (d) Subdivisions (a) and (c) do not include any provision that was first codified in one of the specified numerical ranges after the effective date of the Deadly Weapons Recodification Act of 2010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  172. 16590.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines “generally prohibited weapon” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16590. As used in this part, “generally prohibited weapon” means any of the following: (a) An air gauge knife, as prohibited by Section 20310. (b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210. (c) A ballistic knife, as prohibited by Section 21110. (d) A belt buckle knife, as prohibited by Section 20410. (e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210. (f) A camouflaging firearm container, as prohibited by Section 24310. (g) A cane gun, as prohibited by Section 24410. (h) A cane sword, as prohibited by Section 20510. (i) A concealed dirk or dagger, as prohibited by Section 21310. (j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100. (k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510. (l) A large-capacity magazine, as prohibited by Section 32310. (m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210. (n) A lipstick case knife, as prohibited by Section 20610. (o) Metal knuckles, as prohibited by Section 21810. (p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200. (q) A multiburst trigger activator, as prohibited by Section 32900. (r) A shobi-zue, as prohibited by Section 20710. (s) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215. (t) A shuriken, as prohibited by Section 22410. (u) An unconventional pistol, as prohibited by Section 31500. (v) An undetectable firearm, as prohibited by Section 24610. (w) A wallet gun, as prohibited by Section 24710. (x) A writing pen knife, as prohibited by Section 20910. (y) A zip gun, as prohibited by Section 33600. (Amended by Stats. 2021, Ch. 434, Sec. 22. (SB 827) Effective January 1, 2022.)
  173. 166.

    ## 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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    Section 166 makes several kinds of contempt of court a misdemeanor and sets penalties for some specific violations, including protective-order violations and firearm possession by prohibited persons.

    ## 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. ) ## 166. (a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: (1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. (2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of a jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. (3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. (4) Willful disobedience of the terms, as written, of a process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. (5) Resistance willfully offered by a person to the lawful order or process of a court. (6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. (7) The publication of a false or grossly inaccurate report of the proceedings of a court. (8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. (9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. (b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, social media, electronic communication, or electronic communication device, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of no more than five thousand dollars ($5,000), or by both that fine and imprisonment. (2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. (3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. (4) For purposes of this subdivision, the following definitions shall apply: (A) “Social media” has the same definition as in Section 632.01. (B) “Electronic communication” has the same definition as in Section 646.9. (C) “Electronic communication device” has the same definition as in Section 646.9. (c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: (A) An order issued pursuant to Section 136.2. (B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. (C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. (D) An order issued pursuant to Section 1201.3. (E) An order described in paragraph (3). (F) An order issued pursuant to subdivision (j) of Section 273.5. (2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. (3) Paragraphs (1) and (2) apply to the following court orders: (A) An order issued pursuant to Section 6320 or 6389 of the Family Code. (B) An order excluding one party from the family dwelling or from the dwelling of the other. (C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). (4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. (5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). (d) (1) A person who owns, possesses, purchases, or receives a firearm knowing that person is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. (2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. (e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. (2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: (A) That the defendant make payments to a domestic violence shelter-based program up to a maximum of one thousand dollars ($1,000). (B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (3) For an order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. An order to make payments to a domestic violence shelter-based program, shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. (4) If the injury to a married person is caused, in whole or in part, by the criminal acts of the person’s spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. (5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against a sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. (Amended by Stats. 2021, Ch. 704, Sec. 1. (AB 764) Effective January 1, 2022.)
  174. 166.5.

    ## 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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    A court may pause a support-related criminal proceeding or sentence if the defendant appears, confirms the support obligation, and provides a bond or undertaking.

    ## 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. ) ## 166.5. (a) After arrest and before plea or trial or after conviction or plea of guilty and before sentence under paragraph (4) of subdivision (a) of Section 166, for willful disobedience of any order for child, spousal, or family support issued pursuant to Division 9 (commencing with Section 3500) of the Family Code or Section 17400 of the Family Code, the court may suspend proceedings or sentence therein if: (1) The defendant appears before the court and affirms his or her obligation to pay to the person having custody of the child, or the spouse, that sum per month as shall have been previously fixed by the court in order to provide for the minor child or the spouse. (2) The defendant provides a bond or other undertaking with sufficient sureties to the people of the State of California in a sum as the court may fix to secure the defendant’s performance of his or her support obligations and that bond or undertaking is valid and binding for two years, or any lesser time that the court shall fix. (b) Upon the failure of the defendant to comply with the conditions imposed by the court in subdivision (a), the defendant may be ordered to appear before the court and show cause why further proceedings should not be had in the action or why sentence should not be imposed, whereupon the court may proceed with the action, or pass sentence, or for good cause shown may modify the order and take a new bond or undertaking and further suspend proceedings or sentence for a like period. (Added by Stats. 1999, Ch. 653, Sec. 20. Effective January 1, 2000.)
  175. 16600.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “great bodily injury” as a significant or substantial physical injury for the listed chapter context.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16600. As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, “great bodily injury” means a significant or substantial physical injury. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  176. 16610.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “gun safe” as a locking container that fully contains and secures one or more firearms and meets standards adopted under Section 23650.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16610. As used in this part, “gun safe” means a locking container that fully contains and secures one or more firearms, and that meets the standards for gun safes adopted pursuant to Section 23650. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  177. 16620.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “Gun Show Trader” as a person described in Section 26525.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16620. As used in this part, “Gun Show Trader” means a person described in Section 26525. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  178. 16630.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “gunsmith” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16630. As used in this part, “gunsmith” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  179. 16640.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “handgun” for this part as any pistol, revolver, or firearm that can be concealed on the person.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16640. (a) As used in this part, “handgun” means any pistol, revolver, or firearm capable of being concealed upon the person. (b) Nothing shall prevent a device defined as a “handgun” from also being found to be a short-barreled rifle or a short-barreled shotgun. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  180. 16650.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “handgun ammunition” and excludes certain ammunition from that definition in specified provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16650. (a) As used in this part, “handgun ammunition” means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles. (b) As used in Section 30312 and in Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4, “handgun ammunition” does not include either of the following: (1) Ammunition designed and intended to be used in an antique firearm. (2) Blanks. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  181. 16660.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “handgun ammunition designed primarily to penetrate metal or armor.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16660. As used in this part, “handgun ammunition designed primarily to penetrate metal or armor” means any ammunition, except a shotgun shell or ammunition primarily designed for use in a rifle, that is designed primarily to penetrate a body vest or body shield, and has either of the following characteristics: (a) Has projectile or projectile core constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, beryllium copper, or depleted uranium, or any equivalent material of similar density or hardness. (b) Is primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied thereto, including, but not limited to, ammunition commonly known as “KTW ammunition,” to breach or penetrate a body vest or body shield when fired from a pistol, revolver, or other firearm capable of being concealed upon the person. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  182. 16670.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “handgun safety certificate” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16670. As used in this part, “handgun safety certificate” means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  183. 16680.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “hard wooden knuckles” as a hand-worn device made wholly or partly of wood or paper products, not metal knuckles, used for offense or defense and designed to protect the hand or increase strike impact.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16680. As used in this part, “hard wooden knuckles” means any device or instrument made wholly or partially of wood or paper products that is not metal knuckles, that is worn for purposes of offense or defense in or on the hand, and that either protects the wearer’s hand while striking a blow, or increases the force of impact from the blow or injury to the individual receiving the blow. The composite materials, wood, or paper products contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs that would contact the individual receiving a blow. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  184. 16685.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “valid and unexpired hunting license” for this part.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16685. As used in this part, a valid and unexpired “hunting license” means a hunting license issued by the Department of Fish and Wildlife pursuant to Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4 of the Fish and Game Code, for which the time period authorized for the taking of birds or mammals has commenced but not expired. (Added by Stats. 2021, Ch. 250, Sec. 5. (SB 715) Effective January 1, 2022.)
  185. 16690.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “honorably retired” for certain firearms-related sections and says it includes specified retired peace officers and retired level I reserve officers, but excludes an officer who agreed to service retirement in lieu of termination.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16690. (a) As used in Sections 25650 and 26020, Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4, Article 3 (commencing with Section 25900) of Chapter 3 of Division 5 of Title 4, and Section 32406, as added by Chapter 58 of the Statutes of 2016 and as added by Proposition 63, “honorably retired” includes: (1) A peace officer who has qualified for, and has accepted, a service or disability retirement. (2) A retired level I reserve officer who meets the requirements specified in paragraph (2) of subdivision (c) of Section 26300. (b) As used in this section, “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination. (Amended by Stats. 2018, Ch. 63, Sec. 1. (AB 1192) Effective January 1, 2019.)
  186. 167.

    ## 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 a person to willfully and knowingly record, or try to record, any part of a trial jury’s deliberations or voting without the jury’s knowledge and consent. It also covers listening to or observing, or trying to do so, when the person is not a member of the 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. ) ## 167. Every person who, by any means whatsoever, willfully and knowingly, and without knowledge and consent of the jury, records, or attempts to record, all or part of the proceedings of any trial jury while it is deliberating or voting, or listens to or observes, or attempts to listen to or observe, the proceedings of any trial jury of which he is not a member while such jury is deliberating or voting is guilty of a misdemeanor. This section is not intended to prohibit the taking of notes by a trial juror in connection with and solely for the purpose of assisting him in the performance of his duties as such juror. (Amended by Stats. 1959, Ch. 501.)
  187. 16700.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “imitation firearm” and lists items that are excluded from that definition. It also requires certain adhesive bands on covered airsoft guns to be applied so they cannot be removed and to be in place before sale.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16700. (a) (1) As used in this part, “imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. (2) “Imitation firearm” also includes, but is not limited to, a protective case for a cellular telephone that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the case is a firearm. (b) As used in Section 20165, “imitation firearm” does not include any of the following: (1) A nonfiring collector’s replica that is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case. (2) A spot marker gun which expels a projectile that is greater than 10mm caliber. (3) A BB device that expels a projectile, such as a BB or pellet, that is other than 6mm or 8mm caliber. (4) A BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber which meets the following: (A) If the airsoft gun is configured as a handgun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration. (B) If the airsoft gun is configured as a rifle or long gun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band with fluorescent coloring around the circumference of any two of the following: (i) The protruding pistol grip. (ii) The buttstock. (iii) A protruding ammunition magazine or clip. (5) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device’s complete contents. (c) The adhesive bands described in paragraph (4) of subdivision (b) shall be applied in a manner not intended for removal, and shall be in place on the airsoft gun prior to sale to a customer. (Amended by Stats. 2016, Ch. 198, Sec. 1. (AB 1798) Effective January 1, 2017.)
  188. 16720.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “immediate family member” for this part as either parent and child, or grandparent and grandchild.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16720. As used in this part, “immediate family member” means either of the following relationships: (a) Parent and child. (b) Grandparent and grandchild. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  189. 16730.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines when a person is “infrequent” for certain firearm laws.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16730. (a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means both of the following are true: (1) The person conducts less than six transactions per calendar year. (2) The person sells, leases, or transfers no more than 50 total firearms per calendar year. (b) As used in this section, “transaction” means a single sale, lease, or transfer of any number of firearms. (Amended by Stats. 2019, Ch. 738, Sec. 5. (SB 376) Effective January 1, 2020.)
  190. 16740.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “large-capacity magazine” as an ammunition feeding device that can accept more than 10 rounds, and excludes three listed device types.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16740. As used in this part, “large-capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following: (a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. (b) A .22 caliber tube ammunition feeding device. (c) A tubular magazine that is contained in a lever-action firearm. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  191. 16745.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “authorized user” for certain firearm-related sections.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16745. As used in Sections 25105, 25135, and 25145, “authorized user” means an individual who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and who meets either of the following requirements: (a) The individual is the lawful owner of the firearm. (b) The individual has been lawfully authorized by the lawful owner of the firearm to access, possess, and use the firearm. (Added by Stats. 2024, Ch. 542, Sec. 1. (SB 53) Effective January 1, 2025.)
  192. 16750.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines when a person has lawful possession of a firearm.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16750. (a) As used in Section 25400, “lawful possession of the firearm” means that the person who has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm. (b) As used in Article 2 (commencing with Section 25850), Article 3 (commencing with Section 25900), and Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4, Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, and Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, “lawful possession of the firearm” means that the person who has possession or custody of the firearm either lawfully acquired and lawfully owns the firearm or has the permission of the lawful owner or person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm. (Amended by Stats. 2012, Ch. 700, Sec. 6. (AB 1527) Effective January 1, 2013.)
  193. 16760.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “leaded cane” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16760. As used in this part, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  194. 16770.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “less lethal ammunition.”

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16770. As used in this part, “less lethal ammunition” means any ammunition that satisfies both of the following requirements: (a) It is designed to be used in any less lethal weapon or any other kind of weapon (including, but not limited to, any firearm, pistol, revolver, shotgun, rifle, or spring, compressed air, or compressed gas weapon). (b) When used in a less lethal weapon or other weapon, it is designed to immobilize, incapacitate, or stun a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  195. 16780.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “less lethal weapon” and lists items that are included or excluded from that definition.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16780. As used in this part: (a) “Less lethal weapon” means any device that is designed to or that has been converted to expel or propel less lethal ammunition by any action, mechanism, or process for the purpose of incapacitating, immobilizing, or stunning a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort. It is not necessary that a weapon leave any lasting or permanent incapacitation, discomfort, pain, or other injury or disability in order to qualify as a less lethal weapon. (b) Less lethal weapon includes the frame or receiver of any weapon described in subdivision (a), but does not include any of the following unless the part or weapon has been converted as described in subdivision (a): (1) Pistol, revolver, or firearm. (2) Machinegun. (3) Rifle or shotgun using fixed ammunition consisting of standard primer and powder and not capable of being concealed upon the person. (4) A pistol, rifle, or shotgun that is a firearm having a barrel less than 0.18 inches in diameter and that is designed to expel a projectile by any mechanical means or by compressed air or gas. (5) When used as designed or intended by the manufacturer, any weapon that is commonly regarded as a toy gun, and that as a toy gun is incapable of inflicting any impairment of physical condition, function, or senses. (6) A destructive device. (7) A tear gas weapon. (8) A bow or crossbow designed to shoot arrows. (9) A device commonly known as a slingshot. (10) A device designed for the firing of stud cartridges, explosive rivets, or similar industrial ammunition. (11) A device designed for signaling, illumination, or safety. (12) An assault weapon. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  196. 16790.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “licensed gun dealer” for later articles in the code.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16790. As used in Article 5 (commencing with Section 30900) and Article 7 (commencing with Section 31050) of Chapter 2 of Division 10 of Title 4, “licensed gun dealer” means a person who is licensed pursuant to Sections 26700 to 26915, inclusive, and who has a permit to sell assault weapons or .50 BMG rifles pursuant to Section 31005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  197. 168.

    ## 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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    Certain officials must not reveal a warrant before it is executed if doing so would help prevent a search, seizure, 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. ) ## 168. (a) Every district attorney, clerk, judge, or peace officer who, except by issuing or in executing a search warrant or warrant of arrest for a felony, willfully discloses the fact of the warrant prior to execution for the purpose of preventing the search or seizure of property or the arrest of any person shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (b) This section shall not prohibit the following: (1) A disclosure made by a district attorney or the Attorney General for the sole purpose of securing voluntary compliance with the warrant. (2) Upon the return of an indictment and the issuance of an arrest warrant, a disclosure of the existence of the indictment and arrest warrant by a district attorney or the Attorney General to assist in the apprehension of a defendant. (3) The disclosure of an arrest warrant pursuant to paragraph (1) of subdivision (a) of Section 14207. (Amended by Stats. 2014, Ch. 437, Sec. 7. (SB 1066) Effective January 1, 2015.)
  198. 16800.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “licensed gun show producer” as a person issued a certificate of eligibility by the Department of Justice under Section 27200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16800. As used in this part, “licensed gun show producer” means a person who has been issued a certificate of eligibility by the Department of Justice pursuant to Section 27200. No regulations shall be required to implement this section. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  199. 16810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines “licensed premises,” “licensee’s business premises,” and “licensee’s place of business” as the building designated in the license.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16810. As used in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, “licensed premises,” “licensee’s business premises,” or “licensee’s place of business” means the building designated in the license. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  200. 16820.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section says how the term “licensee” is to be understood in two specified sets of provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 1. PRELIMINARY PROVISIONS [16000 - 17360] ( Title 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 2. DEFINITIONS [16100 - 17360] ( Division 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 16820. (a) For purposes of the provisions listed in Section 16580, use of the term “licensee” is governed by Section 26700. (b) For purposes of Chapter 2 (commencing with Section 29030) of Division 7 of Title 4, use of the term “licensee” is governed by Section 29030. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

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